By the time the company filed for bankruptcy in 2004, it had paid more than 270,000 claims totaling about $630 million and was facing another 157,000 outstanding asbestos injury claims.
The Flintkote Asbestos Trust pays $184,000 for an expedited mesothelioma claim, with a payment percentage of 8%. That means individuals approved for an expedited mesothelioma claim would receive 8% of $184,000, or $14,720.
Flintkote Asbestos History
The Flintkote Company opened in Massachusetts in 1902, was incorporated in 1917 and, in the 1930s, began using asbestos in its products. The company also mined for chrysotile asbestos from 1945 to 1971 in Quebec, Canada.
Flintkote manufactured popular asbestos-containing construction materials, including asphalt roofing shingles, asbestos-containing sidings, cement, joint compounds, water and dampness control products and wallboard.
After the company went public in the mid-1930s, Flintkote diversified further by introducing folded boxes and consumer packaging into its line. Through the 1950s and 1960s, the company added gypsum, paper products and pipes to its product catalog. By the early 1970s, Flintkote had 11,300 employees.
In 1982, the company officially stopped manufacturing products using asbestos. Two years later, the company stopped distributing asbestos-containing products. By then, the company was facing an avalanche of legal claims from asbestos injuries.
In 2004, Flintkote filed for Chapter 11 bankruptcy protection with $160 million in assets and $70 million in non-asbestos liabilities. The Flintkote Trust was established in 2015 with $214 million in compensation.
The trust has approved nearly 800 sites where Flintkote asbestos was used, including department stores, schools, hospitals, churches and zoos nationwide.
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Flintkote Trust Compensation
The Flintkote trust recognizes seven diseases related to asbestos exposure. The trust allows claimants to choose one of two processes to determine if compensation is available — expedited review or individual review. Claimants who prefer the expedited review, which generally takes about 90 days, receive a fixed settlement amount if the claim is approved. Claimants whose expedited review is rejected or who seek a more significant settlement over the expedited review amount can opt for an individual review. An individual review can take 120 days but can net a larger settlement amount based on individualized circumstances.
What specific criteria is required to file a mesothelioma claim through Flintkote’s expedited process?
- Must have a diagnosis of mesothelioma
- Evidence Flintkote caused exposure
What criteria does Flintkote require to pay out lung cancer and severe asbestosis claims?
- Diagnosis of primary lung cancer plus evidence of underlying bilateral asbestos-related nonmalignant disease (confirmed through medical testing)
- Exposure to Flintkote asbestos-containing products for at least six months before Dec. 31, 1982
- Medical documentation establishing asbestos as a contributing factor in the lung cancer
- Significant occupational exposure – lung cancer 1 also requires “significant occupational exposure,” which means employment for at least five years, with a minimum of two years, before Dec. 31, 1982, in an industry or occupation in which the claimant did the following: Handled raw asbestos regularly, fabricated asbestos-containing products, altered repaired or worked with asbestos-containing products, or was employed in an industry or occupation where asbestos was regularly used.
- Claimants prove occupational exposure by providing a sworn statement or statements from coworkers or family members. Claimants can also provide invoices, employment records, construction records, sworn work history or depositions to prove occupational exposure.
What are the factors for determining the settlement amount for an individually reviewed Flintkote claim?
- Claimants age
- Level of disability
- Employment status
- Disruption of household
- Family or recreational activities
- Number of status of dependents
- Special damages (loss of enjoyment of life)
- Pain and suffering
Expedited Claim Review
Trustees established disease levels and corresponding settlement amounts for expedited reviews, as follows:
Individual Claim Review
Trustees established maximum values and average settlement amounts for individual reviews, as follows:
|Disease||Scheduled | Average | Maximum|
|Mesothelioma (Level VII)||$184,000 | $210,000 | $450,000|
|Lung Cancer 1 (Level VI)||$20,000 | $25,000 | $40,000|
|Severe Asbestosis (III)||$15,000 | $20,000 | $35,000|
Other Flintkote Claim Designations
The Flintkote trust also recognizes other claims that can provide financial assistance to victims:
- Extraordinary Claim – Claimants who file an extraordinary claim must be able to show the asbestos exposure was predominately a result of Flintkote, whether it was by working in a Flintkote facility during the time the company was using asbestos or when in contact with a Flintkote asbestos-containing product.
- Exigent Hardship Claim – Claimants who receive exigent hardship status are paid ahead of most other liquidated trust claims if they can prove immediate financial need as a result of the asbestos-related disease.
- Secondary Exposure Claim – Claimants who are diagnosed with an asbestos-related disease as a result of contact with a family member who worked with Flintkote asbestos may seek compensation under an Individual Review.
Filing a Flintkote Trust Claim
All Flintkote claims are handled on a first-in, first-out (FIFO) basis, so injured victims are urged to submit claims as soon as possible. Many claimants who are facing medical treatments use the services of an attorney who specializes in asbestos litigation. Asbestos attorneys help claimants by easing the burden of researching and documenting connections to the disease. They help submit information on a timely basis for quick access to financial compensation.
Anyone who has been exposed to Flintkote asbestos-containing products and has developed asbestos-related diseases should consider filing an asbestos trust claim. Contact us today for a free consultation with an attorney.
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- United States District Court Northern District Of California. The Flintkote Company. Retrieved from https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_04-cv-01827/pdf/USCOURTS-cand-3_04-cv-01827-17.pdf
- The Flintkote Asbestos Trust. Flintkote Trust Distribution Procedures. Retrieved from http://www.flintkoteasbestostrust.com/wp-content/uploads/2015/12/Amended-Restated-Flintkote-Trust-Distribution-Procedures-FINAL-12-14-2015.pdf
- National Gypsum Heritage. 1990. Retrieved from http://www.ngc-heritage.com/ngc-ninety.htm
- Mindat.org. “Flintkote mine.” Retrieved from https://www.mindat.org/loc-145650.html
- Harvard Business School. “Flintkote Company.” Retrieved from https://www.library.hbs.edu/hc/lehman/Data-Resources/Companies-Deals/Flintkote-Company
- Retropaper. “The Flintkote Company.” Retrieved from http://retropaper.net/FLINTKOTE.html