GST filed for Chapter 11 bankruptcy on June 5, 2010, due to overwhelming asbestos liabilities. Its reorganization plan was approved on June 12, 2017, and the GST Settlement Facility began accepting claims on September 17, 2018.
The GST Asbestos Trust handles claims relating to Garlock Sealing Technologies, Coltec Industries Inc., and all relevant subsidiaries. The trust was funded with $480 million to handle all current and future asbestos claims.
Unlike most asbestos trust funds, the Garlock Asbestos Trust does not use a payment percentage when calculating the final settlement value of its claims. Instead, it uses a formula that accounts for each claim’s unique circumstances.
See if you qualify for compensation from The GST Settlement Facility trust fund today.
Key Information About Garlock
- Unusually, the GST trust charges claimants a filing fee. The fee ranges from $50 to $100, depending on the claimant’s diagnosed illness.
- The Garlock Asbestos Trust is one of the few asbestos trusts that does not calculate settlement amounts using a payment percentage. Instead, it uses its own system to tabulate the amount of compensation a claimant is due.
- GST used asbestos to manufacture gaskets, sealing products, tape, and packing materials.
- The top occupations impacted were factory workers, pipefitters, plumbers, and U.S. Navy veterans.
Garlock Sealing Technologies & Asbestos Exposure
Founded in 1887, Garlock was a popular manufacturer of gaskets and other sealing products, including tape and packing materials. GST began using asbestos in its products as early as 1907 and continued using it until 1980.
Although it is now known to be hazardous, asbestos was once widely used due to its heat, fire, and chemical-resistant properties. Manufacturers like Garlock used asbestos to make their products more durable.
GST continued using asbestos even after it was known to be dangerous because they were unwilling to lose out on potential profits.
GST’s products were widely used in engines, boilers, and other machinery. They were particularly popular in the railroad, maritime, and energy industries, where it was important to seal valves tightly against leaks in high-heat, high-pressure, and corrosive environments.
Notably, Garlock products were used heavily by the U.S. Navy during World War II. Continued expansion after the war eventually saw Garlock become the largest manufacturer of asbestos packing materials in the United States.
By the time the company declared bankruptcy in 2010, Garlock reported handling roughly 900,000 asbestos-related claims over 35 years.
Fill out the form below to see if you may be eligible for compensation from The GST Settlement Facility trust fund today.
Garlock & Asbestos Lawsuits
Due to the widespread use of Garlock products across multiple industries, GST was responsible for the exposure of hundreds of thousands of people to asbestos.
By 2010, when it declared bankruptcy, the company self-reported enormous financial losses stemming from asbestos lawsuits, totaling $1.4 billion in settlements and judgments and over $400 million in fees and expenses.
Garlock asbestos lawsuit examples include:
- The widow of a former shipyard worker was awarded $10.4 million in a wrongful death lawsuit in Virginia in 2006. Garlock was one of several defendants held liable in the case.
- A 2009 verdict in Philadelphia awarded $17 million to the families of two men diagnosed with mesothelioma. Both men worked heavily with asbestos-contaminated gaskets manufactured by Garlock and others.
- Oscar Torres, a former pipefitter living in Texas, filed suit against Garlock and others after he developed mesothelioma. The court awarded him $2.7 million.
Associated Companies
Olin J. Garlock founded Garlock Sealing Technologies in 1887. Based in New York, the small manufacturer of gaskets and other sealing products rapidly expanded throughout the first half of the 20th century.
Garlock was purchased by Colt Industries — a firearms manufacturer — in 1976. In 1987, Garlock purchased the Anchor Packing Company, which also had a history of asbestos use and significantly increased its asbestos liabilities.
Through a series of mergers and name changes, Colt Industries became Coltec Industries Inc., which became a subsidiary of EnPro Industries Inc. in 2016. GST is still operational today as a wholly owned subsidiary of EnPro.
Companies Associated With Garlock Sealing Technologies:
- Anchor Packing Company
- Belmont Rubber & Packing
- Central Moloney
- Colt Industries
- Coltec Industries, Inc.
- Crandall Packing Company
- Dealers’ Steam Packing Company
- Delavan
- EnPro Industries, Inc.
- Fairbanks Morse Engine
- Fairbanks Morse Pump Corporation
- Fairbanks Whitney Corporation
- Farnam
- France Compressor
- Goodrich Corporation
- OldCo, LLC
- Penn-Texas Corporation
- Quincy Compressor
- Runway Acquisition Corporation
- U.S. Gasket Company
High-Risk Jobs Associated With Garlock
Garlock manufactured a wide range of gaskets and other sealing products that were widely used across multiple industries. In the years following World War II, its packing materials also became increasingly popular, and GST became the largest manufacturer of packing materials in the United States.
Not only were its own employees exposed to asbestos during manufacturing, but anyone who worked with asbestos-contaminated products manufactured by GST remains at high risk of developing an asbestos-related illness.
“GST used asbestos in their products from 1907 to 1980 in both civilian and military infrastructure. Documents uncovered during a 2009 lawsuit show that some Garlock gaskets were made of up to 90% asbestos. The wide exposure range has impacted dozens of occupations and hundreds of sites across the U.S. ”
– Daniel Wasserberg, Attorney
Jobs at Highest Risk for Asbestos Exposure
- Factory Workers
Employees at Garlock’s numerous factories were exposed to high concentrations of asbestos during manufacturing. The GST trust acknowledges that gasket cutters face an exceptionally high risk even among this high-risk group.
- Pipefitters
Pipefitters and industrial plumbers who assembled, maintained, installed, and repaired engines and other machinery that used GST’s asbestos-contaminated sealing products encountered high levels of asbestos during their work.
When exposed to strain or friction, asbestos-contaminated products often shed particles or fibers that can easily be inhaled.
- U.S. Navy Veterans
Beginning in World War II, the United States Navy heavily used GST products on all classes of naval vessels. Anyone who served on a Navy ship where GST products were used is at risk of developing an asbestos-related disease.
However, those responsible for repairs and maintenance to boilers, pipes, and engines are at exceptionally high risk within this group.
Other At-Risk Jobs
- Boilermakers/technicians
- Burner operators
- Construction workers
- Gasket cutters
- Electricians
- Firemen
- Furnace installers/technicians
- Millwrights
- Oilers
- Refinery workers
- Shipfitters/shipworkers
- Steamfitters
- Welders
Asbestos Products Used at Garlock
Garlock used asbestos in its products for 73 years, from 1907 until 1980. They produced a wide range of sealing products, including gaskets and tape, packing materials, and a limited run of asbestos cloth and fabric.
GST’s asbestos products were sold under several brand names, including:
- Blue-Gard
- Flexseal
- Garlock
- Gylon
Top Asbestos-Containing Products Used at Garlock Sealing Technologies Include:
- Cement Panels
- Cement Sheets
- Cement Boards
- Chemiseal Jacketed Gasket
- Cloth
- Pre-cut Gaskets
- Lattice Braid Packing
- Plastallic Packing
- Plasti-Pak Packing
- Ring Packing
- Rope
- Rope Packing
- Sheet Gaskets
- Sheet Packing
- Tape
- Transite panels
- Valve Packing
See if you qualify for compensation by filling out the form below.
The Formation of the Garlock Settlement Facility
The Garlock Asbestos Trust launched on September 17, 2018, with $480 million. The goal of the trust is to assess, liquidate, and pay the claims of all current and future victims of Garlock asbestos exposure.
A board of trustees governs the trust. The trustees review claims, set the maximum annual payment (MAP), and periodically adjust the payment percentage to ensure enough funds remain to handle all current and future claims.
The Garlock Asbestos Settlement Trust recognizes ten compensable diseases eligible for compensation through the trust, including:
- Malignant mesothelioma
- Lung cancer
- Colorectal cancer
- Laryngeal cancer
- Esophageal cancer
- Pharyngeal cancer
- Stomach cancer
- Severe asbestosis
- Disabling asbestosis
- Non-disabling asbestosis
The Trust reserves a significant portion of the MAP to handle claims related to the most malignant diseases:
- Mesothelioma: 85% of the MAP
- Lung Cancer: 10% of the MAP
- Everything else: 5% of the MAP
All claims filed with the Garlock Asbestos Trust are reviewed and liquidated on a first-in, first-out (FIFO) basis. Once the MAP has been met for the year, all remaining unpaid claims are placed at the head of the FIFO queue for the following year.
Fact
Unusually, the Garlock Asbestos Trust charges claimants a claim filing fee. The fee ranges from $50 to $100, depending on which of the compensable diseases a claimant is filing for. If the claim succeeds, the cost is refunded.
Understanding the Different Review Processes
The Garlock Asbestos Trust offers potential claimants two review processes from which to choose. If you’re eligible, your lawyer can help you determine which review process best meets your needs as a claimant.
Expedited Review
Expedited review offers claimants the quickest possible resolution to their claims. It requires less detailed documentation, and the settlement amount — called the matrix amount — is calculated using a complex but rigid formula.
Most claimants choose an expedited review. Those looking for a quick resolution or who were exposed to asbestos through contact with multiple companies’ products and actions usually choose this option.
Extraordinary Review
Extraordinary review is only open to those exposed to asbestos almost exclusively through Garlock’s products or actions.
Extraordinary review claimants must have a history documenting little or no exposure to asbestos from other companies’ products and prove that there has not been — and that there will likely not be — any substantial financial compensation from other trusts.
Compensation for a successful extraordinary review claim is more substantial than an expedited review claim. However, it takes longer, the documentation criteria are more burdensome, and most claimants are not eligible for this type of review.
Calculating Settlement Value 2024
The Garlock Asbestos Trust uses an unusual system to calculate each claim’s final settlement value. A complex formula that accounts for each claimant’s circumstances is applied to calculate their final award amount.
The trust begins by examining the claimant’s occupation and industry. Based on this information, they are sorted into one of five Contact Groups.
The Contact Groups have been defined based on the estimated potential frequency and intensity of the claimant’s contact with asbestos. Contact Group 1 has the most exposure, and Contact Group 5 has the least.
Next, the contact groups are sorted into two further categories based on medical diagnosis:
- Diagnosis Category 1: Mesothelioma and Asbestos-Related Lung Cancer
- Diagnosis Category 2: Severe Asbestosis, Other Cancer, Disabling Asbestosis, and Non-Disabling Asbestosis
The tables below show the maximum settlement value for each Contact Group and Diagnosis Category.
Mesothelioma and Asbestos-Related Lung Cancer Claimants
Contact Group | Maximum Settlement Values |
---|---|
Group 1 | $298,200 |
Group 2 | $89,500 |
Groups 3-5 | $37,300 |
Severe Asbestosis, Asbestos-Related Other Cancer, Disabling Asbestosis, and Non-Disabling Asbestosis Claimants
Contact Group | Maximum Settlement Values |
---|---|
Group 1 | $298,200 |
Group 2 | $89,500 |
Group 3 | $37,300 |
Group 4 | $18,600 |
Group 5 | $1,500 |
Applying the Injured Person Factor Index
Once the claimant’s maximum settlement value has been determined, further calculations are made to account for each claimant’s individual circumstances. The Garlock Asbestos Trust does this by applying the Injured Person (IP) Factor Index.
IP Factors are extenuating circumstances recognized by the trust that can raise or lower the amount of compensation offered.
Each IP Factor is given a numerical value based on severity. The criteria for assigning these numerical values are laid out in the Garlock Asbestos Trust Claims Resolution Procedures (CDR).
IP Factors include:
- Medical Information Factor
- Age Factor
- Life Status Factor
- Dependents Factor
- Economic Loss Factor
- Duration of Coltec/GST Product Contact Factor
To calculate the IP Factors Index, the trust first multiplies all the scores generated by the claimant’s IP Factors. Next, the trust divides the product of the various factors by 4.28064. The range of the IP Factor Index is 0% to 100%.
Calculating the Final Settlement Value
The Trust determines the final settlement amount by multiplying the maximum settlement value by the IP Factor Index.
For example, a Contact Group 1 mesothelioma patient with a maximum settlement of $298,200 and an IP Factor Index of 50% would receive a final settlement offer of $149,100.
“Most asbestos-exposure victims are eligible to receive compensation from multiple trust funds due to exposure from various products and job sites. Working with your lawyer to track down all the companies responsible for your exposure allows you to seek the maximum possible compensation.”
– Daniel Wasserberg, Attorney
Eligibility Requirements for the Garlock Asbestos Trust
To receive compensation from the Garlock Asbestos Trust, claimants must prove their eligibility through extensive documentation. Eligibility requirements are divided into two primary categories: medical and exposure.
In addition to meeting the eligibility requirements, all claims must be filed within the statute of limitations to be considered.
Fact
The statute of limitations in asbestos cases is generally short, allowing claimants only 2 to 3 years after medical diagnosis to file in most states. When filing a claim, the injured party bears the burden of proof, and gathering the required documentation takes time and energy. Working with an experienced asbestos attorney can streamline the process and help ensure critical deadlines are met.
Medical Requirements
The precise medical requirements claimants must meet to receive compensation from the Garlock Asbestos Trust vary depending on the disease they are diagnosed with. However, the criteria overlap considerably.
Standard medical requirements include:
- Diagnosis with a compensable disease by a doctor or pathologist
- Proof of the diagnosis in the form of testing or imaging, including:
- X-ray
- MRI
- CT scan
- PET scan
- Pulmonary testing
- Pathology report
- Supporting evidence linking the diagnosis to asbestos exposure
- A 10-year latency
Exposure Requirements
Claimants must be able to link their illness to exposure to products or activities related to the Garlock or Coltec, and doing so requires significant documentary evidence.
Depending on the circumstances of the exposure, claimants must show:
- At least six months of total Coltec/GST product contact during the claimant’s career
- Coltec/GST product contact while confined to a ship at sea for 50 days
Claimants diagnosed with malignant mesothelioma do not have to meet the six-month exposure period as long as they can prove credible contact with Coltec/GST products.
Documents commonly used to prove asbestos exposure include:
- Construction records
- Insurance records
- Invoices
- Military service records
- Paystubs
- Sales records
- Witness statements/affidavits
““Getting legal help from asbestos litigation specialists can reduce the stress placed on claimants. If you’re eligible, we can help you navigate these trusts by gathering evidence and documentation, managing complex trust procedures, and helping you pursue the maximum amount of compensation available.”
– Daniel Wasserberg, Attorney
Filing a Personal Injury Claim Against the Garlock Settlement Facility
Filing a claim against the Garlock Asbestos Trust requires significant time, legal understanding, and documentation. Claimants must also pay a filing fee, which is unusual among asbestos trust funds and burdens claimants even more.
Steps to file a claim with the Garlock Asbestos Trust:
- Choose between expedited review and extraordinary review.
- File a completed claim form, including all required documentation. Be sure to pay the claim filing fee.
- Monitor the status of your claim. If the trust finds any deficiencies in your documentation, do your best to remedy them.
- If the claim is successful, accept your settlement offer.
- If the claim is unsuccessful, or if you do not agree with the settlement amount offered, you may have options for additional arbitration in cases of expedited review only.
Working with an experienced asbestos lawyer gives your claim the best chance of success. Asbestos attorneys have access to special tools and databases that assist with product identification and the expertise needed to streamline the filing process.
Loved Ones & Family Members
Filing a claim against an asbestos trust requires time, energy, and knowledge of legal procedures. For many asbestos victims, all three are in short supply as they struggle to cope with the physical and emotional fallout of their diagnosis.
Frequently, it falls to their family members and loved ones — themselves often struggling with new and challenging caregiving duties — to manage the claims process. If you find yourself in this situation, don’t panic. You don’t have to tackle the claims process alone.
Working with an experienced asbestos lawyer can reduce the stress placed on eligible victims and their loved ones, giving them the time and the space to heal while maximizing their potential compensation.
At Meirowitz & Wasserberg, our team of experienced asbestos lawyers has a proven track record of success in asbestos litigation.
If a negligent asbestos company has injured you or someone you love and you want to learn more about your possible compensation options, contact us today for a free case assessment.
Sources
- Campbell, L. (n.d.). Jury awards $2.7 million in asbestos mesothelioma lawsuit. Lawsuits, Legal News & Issues, Lawsuit Settlements, Class Action Lawsuits. https://www.lawyersandsettlements.com/settlements/14462/asbestos-mesothelioma-lawsuit.html
- EnPro, Garlock reach $480 million settlement on asbestos claims | Reuters. (n.d.-a). https://www.reuters.com/article/us-enpro-industriesgarlock-asbestosclaim/enpro-garlock-reach-480-million-settlement-on-asbestos-claims-idUSKCN0WK0DP/
- Friedman, D. J. (n.d.). Companies that Produced Asbestos & Years of Asbestos Product Production – How to file an asbestos injury claim with an Asbestos Trust. InspectApedia.com. https://inspectapedia.com/hazmat/Asbestos_Producing_Companies.php#G
- Garlock Settlement Facility. (n.d.). https://garlocksettlementfacility.com/
- GST claim form instructions. (n.d.-b). https://garlocksettlementfacility.com/assets/documents/resources/GST-Claim-Form-Instructions.pdf
- In re Garlock Sealing Techs. LLC, case no. 3:17-CV-00275-GCM . (n.d.-c). https://casetext.com/case/in-re-garlock-sealing-techs-llc
- Jury Awards Shipyard Worker’s Widow $10M. The Washington Post. (2006, July 27). https://www.washingtonpost.com/wp-dyn/content/article/2006/07/27/AR2006072700762.html
- LLC, G. S. T. (2018, June 30). Garlock sealing technologies moves toward a permanent resolution of asbestos litigation. PR Newswire: press release distribution, targeting, monitoring and marketing. https://www.prnewswire.com/news-releases/garlock-sealing-technologies-moves-toward-a-permanent-resolution-of-asbestos-litigation-95682759.html
- Pennsylvania mesothelioma lawsuit results in $17M award for two families. AboutLawsuits.com. (2021, October 18). https://www.aboutlawsuits.com/pennsylvania-mesothelioma-lawsuit-verdict-7407/
- SETTLEMENT FACILITY SECOND AMENDED AND RESTATED CLAIMS RESOLUTION PROCEDURES. (n.d.-d). https://garlocksettlementfacility.com/assets/uploadedFiles/8eedc7d3-3283-4663-b851-3a929d102e94.pdf