Dow Chemical Company

Dow Chemical Company & Asbestos Exposure

Founded in 1897 by Herbert Henry Dow, the Dow Chemical Company grew rapidly and, within 20 years, was considered a leading manufacturer of agricultural chemicals, chlorine, and magnesium metal.  

During World War II, the U.S. government collaborated with Dow due to the company’s expertise in plastic products and its work with magnesium, a critical material for aircraft part manufacture.

Despite the known dangers, Dow Chemical Company utilized asbestos products in many of its facilities until the mid-1980s. These chemical plants required equipment and facilities resistant to heat, fire, and chemical corrosion, a goal Dow achieved by stocking them with dangerous asbestos components.

Dow Chemical assumed additional asbestos liability in 2001 when it acquired Union Carbide Corporation (UCC). UCC is also a chemical company with a history of using asbestos in insulation and construction materials, although it also mined and sold asbestos fibers under the Calidria brand name. 

Dangers of Asbestos-Related Diseases

Asbestos refers to a group of six naturally occurring minerals that share similar physical and chemical characteristics. Each type of asbestos is strong, nonconductive, and resistant to heat, fire, and chemical damage. These qualities made it a popular and valuable material for companies like Dow. However, asbestos is also highly toxic and known to cause cancer.

When handled, asbestos fibers can break apart into thin, microscopic strands that easily become airborne. Once inhaled or ingested, these fibers can become embedded in body tissues, leading to inflammation, scarring, and cellular damage.

Over time, this damage can develop into serious asbestos-related diseases, sometimes appearing decades after the initial exposure. One of the most severe of these conditions is mesothelioma, a rare and aggressive cancer that forms in the thin lining of certain organs.

Treating mesothelioma can be very costly, with patients facing average out-of-pocket expenses of around $400,000 per year. Without financial assistance, many families struggle to manage these medical costs.

Asbestos-related diseases include:

• Mesothelioma
• Lung cancer
• Ovarian cancer
• Asbestosis
• Pleural thickening
• Pleural plaques
• Pleural effusions
• Other forms of cancer

Financial Compensation from Dow Chemical Company

Dow Chemical has never filed for Chapter 11 Bankruptcy and has not established an asbestos trust fund to handle claims. Instead, it chooses to handle asbestos claims in court.

Victims of Dow Chemical and its subsidiary, UCC, have two primary options for seeking legal compensation:

• Personal injury lawsuit: Allows living victims of asbestos exposure to seek compensation for their losses.
• Wrongful death lawsuit: Allows the dependents or family members of deceased asbestos exposure victims to recover damages for the loss of their loved one.

Because asbestos supply chains are often complex and intertwined, many individuals exposed to asbestos may have valid claims against several different manufacturers. A skilled asbestos attorney can identify all potential sources of liability and work to secure the highest possible compensation on behalf of clients.

An experienced asbestos attorney can also assist in seeking other types of financial support, such as:

• Benefits from the U.S. Department of Veterans Affairs (VA)
• Asbestos trust funds
• Workers’ compensation
• Treatment grants

Dow Chemical Company and the FAIR Act

Dow Chemical Company was one of many corporate sponsors of the Fairness in Asbestos Injury Resolution (FAIR) Act. The stated purpose of the FAIR Act was to establish a fair and efficient system for resolving asbestos claims. 

Specifically, the legislation would have replaced the tort system with an “Office of Asbestos Disease Compensation,” which would be responsible for managing a trust fund and paying claims on a no-fault basis.

The FAIR Act would have limited recoveries to a maximum of $1 million for asbestos-related deaths from diseases such as mesothelioma and would have blocked lawsuits against individual manufacturers. This change meant careless companies that exposed victims to asbestos would not have faced severe economic repercussions. 

Many victim advocacy groups, law firms, and others view the FAIR Act as unfair to asbestos victims. Fortunately, the FAIR Act was defeated and never became law, although some companies, including Dow Chemical, continue to advocate for similar systems.

Asbestos Lawsuits Against Dow Chemical Company

On the company’s website, Dow Chemical states that, “​​Dow, as an asbestos user, and UCC, as an asbestos producer and user, have defended and will continue to defend cases brought against them.” 

Despite Dow Chemical’s assertion that its actions were in line with industry standards, many victims have secured significant compensation.

Robert Henderson

The family of Robert Henderson won $9 million in a wrongful death lawsuit. Henderson developed mesothelioma due to asbestos exposure through his work as a Dow Chemical employee in Freeport, Texas.

John Gensler

The estate of John Gensler won $8.4 million in compensation for Mr. Gensler’s widow following his death from mesothelioma. He was exposed to asbestos while working at a Dow Chemical plant operated by Hercules, Inc., a subsidiary of Ashland, Inc.

Joseph Mabile

Sidney Joseph Mabile was awarded $5.95 million by a Louisiana jury in 2013. Mr. Mabile was an electrician at Dow Chemical’s Plaquemine, Louisiana, plant and subsequently developed mesothelioma from asbestos exposure.

Charley Edenfield

In 2019, Charley Edenfield’s widow received a verdict for $2.38 million. Mr. Edenfield worked for Union Carbide, which was acquired by Dow Chemical Company in 2001. He was diagnosed with terminal mesothelioma following work with Calidria brand asbestos products.

Asbestos-Containing Products Used at Dow Chemical Company

Dow Chemical never manufactured asbestos products. Its liability stems from the use of asbestos components at its sites and from its acquisition of UCC.

Asbestos products connected to Dow Chemical Company include:

• Adhesives
• Boilers
• Union Carbide’s Calidria-branded products
• Cement products
• Chemical processing equipment
• Construction materials
• Countertops
• Floor and ceiling tiles
• Furnaces
• Gaskets
• Insulation
• Ovens
• Paint 
• Protective clothing
• Pumps
• Sealants
• Valves

Occupations At-Risk

​​Dow Chemical’s operations, as well as those of its subsidiaries, including Union Carbide, endangered thousands of people working in a broad spectrum of professions. Family members of asbestos workers are also frequently at risk from secondary or “take-home” exposure. 

High-risk professions include:

• Boiler workers
• Bricklayers
• Carpenters
• Chemical plant employees
• Construction workers
• Drywallers
• Electricians
• Engineers
• Factory workers
• Industrial workers
• Insulators
• Maintenance workers
• Mechanics
• Plumbers and pipefitters
• Plasterers
• Quality assurance workers
• Roofers
• Safety inspectors
• Systems operators
• Welders

Get Help Today 

Although Dow Chemical Company did not manufacture asbestos products, it used asbestos widely throughout its facilities, putting thousands of workers at risk of exposure. The company also assumed the asbestos liabilities of its subsidiary, Union Carbide, when it acquired it, despite the well-documented dangers associated with the material.

As a result, many individuals exposed to asbestos through Dow Chemical or its subsidiaries now face serious illnesses, significant medical expenses, and emotional and financial strain.

The Mesothelioma Fund works alongside Meirowitz & Wasserberg, a law firm with extensive experience representing individuals affected by asbestos exposure. If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, their attorneys can help you understand your legal options and guide you through the next steps.

You don’t have to navigate the challenges of an asbestos case on your own. The Mesothelioma Fund is here to provide support and help you explore your path forward. Contact us today for a free case evaluation.

Written & Legally Reviewed By

Daniel Wasserberg, Esq. Attorney and On-Site Legal Advocate

Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.

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