First incorporated in 1917, T.H. Agriculture & Nutrition LLC initially specialized in manufacturing chemical products. In 1961, the company expanded its activities into the asbestos marketplace, distributing raw chrysotile asbestos and asbestos-contaminated materials, including laundry products and insulation.
Although the company did not mine or manufacture asbestos or asbestos products, many THAN employees were exposed through work in company-owned warehouses and along their supply and distribution chains.
By 2008, THAN’s legal liabilities were more than six times greater than its assets, forcing the company to file for Chapter 11 bankruptcy. The T.H. Agriculture & Nutrition LLC Asbestos Personal Injury Trust was formed in 2009 with $901 million available to compensate claimants.
“T.H. Agriculture & Nutrition LLC filed its petition for Chapter 11 bankruptcy in 2008. At this time, the company provided its plan for forming the T.H. Agriculture & Nutrition Asbestos Personal Injury Settlement Trust with roughly $901 million set aside to handle asbestos claims. The THAN Asbestos Trust began taking claims in 2009.”
– Daniel Wasserberg, Attorney
Like most asbestos trust funds, the THAN Asbestos Trust only pays a percentage of the total value of each claim to ensure enough funds remain to compensate all current and future claimants. The current payment percentage is 15%.
See if you qualify for compensation from The T.H. Agriculture & Nutrition LLC Asbestos Personal Injury Trust today.
Key Information
- In addition to asbestos distribution, THAN was one of several companies that distributed the Agent Orange herbicide and defoliant to the U.S. military from 1965 to 1971.
- THAN is responsible for three superfund sites in Fresno, California, Albany, Georgia, and Montgomery, Alabama. Each site was once home to one of THAN’s chemical and pesticide manufacturing plants.
- THAN primarily distributed asbestos mined by Carey-Canadian Mines, Ltd., with which it had a 20-year partnership.
- The top occupations impacted were warehouse employees, truck drivers, and factory workers.
THAN & Asbestos Exposure
Incorporated in 1917 as Thompson, Munro, and Robins Chemical Company, THAN focused on manufacturing and distributing chemicals, pesticides, and herbicides until the 1960s.
In 1961, as the Thompson-Hayward Chemical Company, THAN began a 20-year partnership with Carey-Canadian Mines, Ltd., becoming a major distributor of raw chrysotile asbestos until 1980.
During most of its time as an asbestos distributor, THAN was owned by Philips North America Corporation.
The company’s name was changed to T.H. Agriculture & Nutrition during that time. Most of the company’s assets were sold to Harrisons and Crosfield PLC in 1981, shortly after THAN stopped working as an asbestos distributor.
Although the company did not actively mine asbestos or use it to manufacture products, the asbestos it distributed was widely used by other asbestos companies for various purposes.
Some of the products that THAN did make — like laundry products and insulation — may have been contaminated with asbestos during shipping, processing, or storage, further endangering consumers and employees.
Mounting Asbestos Lawsuits Against THAN
THAN was a major asbestos distributor from 1961 to 1980. Although THAN did not mine asbestos or use it to manufacture its own products, it is still responsible for greatly contributing to asbestos exposure through its large distribution network and cross-contamination in its chemical products.
A long-time subsidiary of Philips Electronics North America and Koninklijke Philips N.V., THAN was named as a defendant in about 6,000 lawsuits representing about 14,000 clients before the company filed for bankruptcy protection.
Over time, the number of lawsuits grew to more than 11,000, many of which were settled out of court for undisclosed sums.
When the company filed for bankruptcy in 2008, it had about $78 million in assets and about $577 million in liabilities. By 2011, the trust had paid over $325 million in negotiated claims settlements.
Associated Companies
Originally named the Thompson, Munro, and Robins Chemical Company after its three founders, the company went through a period of intense turmoil that led to a series of power shifts and name changes.
With just one of the founding members left, the company eventually came to be called the Thompson-Hayward Chemical Company in 1931.
Acquired by Philips North America Corporation in 1961, the subsidiary was renamed T.H. Agriculture & Nutrition. Philips sold it to Harrisons & Crosfield PLC (now called Harcros Chemicals) in 1981. Though largely inactive, THAN is still an existing subsidiary of Harcros Chemicals today.
Companies Associated With T.H. Agriculture & Nutrition:
- Carey-Canadian Mines, Ltd.
- Celotex Corporation
- Harcros Chemicals
- Harrisons & Crosfield PLC
- Koninklijke Philips N.V.
- Philips North America Corporation
- Thompson-Hayward Chemical Company
- Thompson, Munro, and Robins Chemical Company
High-Risk Jobs Associated with THAN
THAN acted as a distributor of raw chrysotile asbestos, meaning they were responsible for storing and shipping this dangerous mineral to customers, usually other major manufacturers, who would use it in their products.
Fact
Although THAN did not use asbestos in its own products, it distributed products that were cross-contaminated with asbestos fibers and acted as a distributor of raw asbestos for other companies. This widespread distribution has impacted hundreds of occupations and sites across the United States.
Jobs at Highest Risk for Asbestos Exposure
Warehouse Workers
THAN employees working in the warehouses where raw asbestos was stored and prepared for distribution face a high risk of asbestos-related diseases like mesothelioma due to close contact with the mineral in its unprocessed form, often in poorly ventilated areas.
Airborne asbestos fibers pose a significant risk to anyone regularly exposed to them.
Truck Drivers
Truck drivers — an important part of THAN’s distribution chain — often came into close contact with raw asbestos while transporting it. They were not told to take any precautions when handling the dangerous mineral.
Factory Workers
The raw asbestos distributed by THAN often ended up in the hands of other U.S. asbestos manufacturers, where it was transformed into a wide variety of construction, refractory, and mechanical goods used in almost every industry due to its durability and heat, fire, and chemical resistance.
The factory workers responsible for creating these products were often heavily exposed.
Other at-risk occupations include:
- Construction workers
- Demolition specialists
- Industrial workers
- Insulators
- Railroad workers
- Shipping employees
Asbestos Products Used at THAN
THAN did not manufacture asbestos products but acted as a distributor for raw asbestos mined by others; the only asbestos product they knowingly distributed was the raw mineral, primarily sold to other asbestos companies.
There is some evidence that cross-contamination may have occurred with other products that THAN shipped or warehoused with raw asbestos, including laundry products and insulation.
Top Asbestos-Containing Products Used at THAN Include:
- Raw chrysotile asbestos
Formation of the TH Agriculture & Nutrition LLC Asbestos Personal Injury Trust
The THAN Asbestos Trust was established in 2009 to provide fair and equitable compensation to all current and future claimants harmed by THAN’s asbestos-related business activities.
The trust is governed by a court-appointed board of trustees, who are responsible for reviewing claims, determining the yearly budget, also called the maximum annual payment (MAP), and setting the current payment percentage. As with most trusts, claims are handled on a first-in, first-out (FIFO) basis.
The THAN Trust recognizes eight scheduled disease levels ranked by diagnosis and severity. It reserves 80% of the MAP for handling claims of severe malignancies like lung cancer, mesothelioma, and severe asbestosis. Only 20% of the MAP is available to pay claims related to non-malignant illnesses.
“Most asbestos trust fund victims able to file a THAN trust fund claim can also make claims against other trusts due to exposure from various products and job sites. This enables asbestos exposure victims to seek the maximum possible compensation and hold all responsible companies accountable.”
– Daniel Wasserberg, Attorney
Understanding the Different Review Processes
When filing a claim with the THAN Asbestos Trust, claimants can choose between two primary review processes: expedited review or individual review. If you qualify, a skilled asbestos attorney can help you choose which process may best suit your needs.
Expedited Review
To submit for an expedited review (ER) claim, claimants must fully meet all the required medical and exposure criteria for their diagnosis. ER claims require significant and strict documentation, but they are processed relatively quickly and provide a guaranteed settlement amount, called the scheduled value.
Claimants who submit a successful expedited review claim can start receiving compensation in as little as 90 days. The quick turnaround and the guaranteed payment amount make ER a good option for those who need compensation quickly to cover pressing medical and living expenses.
Lung Cancer 2 (Level VI) claims are not eligible for expedited review.
Individual Review
Individual review (IR) claims are judged individually on their merit. The IR process takes longer but often — though not always — leads to a higher settlement than the scheduled value.
The IR process is best for those looking to receive the highest possible compensation, who have special circumstances they want to be considered, or who have incomplete or more complicated documentation.
All Foreign, Secondary Exposure, and Lung Cancer 2 (Level VI) claims must undergo individual review.
Settlement and Payment Percentage Data
The THAN Trust applies a payment percentage to all of its settlements before they are paid. Payment percentages help ensure enough funds remain in the trust to compensate all current and future claimants.
“The current payment percentage is 15%, which is in the average range for trusts of its size. A mesothelioma claim worth $150,000 would be paid out as $22,500 once the payment percentage is applied. ”
– Daniel Wasserberg, Attorney
The tables below show each disease level’s ER and IR claim values before applying the payment percentage.
Expedited Claim Review & Compensation
Disease | Compensation |
---|---|
Mesothelioma | $150,000 |
Lung Cancer | $65,000 |
Lung Cancer II | None |
Other Cancer | $30,000 |
Severe Asbestosis | $60,000 |
Asbestosis/Pleural Disease | $3,800 – $8,000 |
Other Asbestos Disease | $500 |
Individual Claim Review & Compensation
Disease | Compensation |
---|---|
Mesothelioma (Level VIII) | $150,000 – $900,000 |
Lung Cancer (Level VII) | $65,000 – $250,000 |
Lung Cancer (Level VI) | Up to $75,000 |
Other Cancer (Level V) | $30,000 – $70,000 |
Severe Asbestosis (Level IV) | $60,000 – $250,000 |
Asbestosis/Pleural Disease (Level III) | $8,000 – $15,000 |
Asbestosis/Pleural Disease (Level II) | $3,800 – $8,000 |
Eligibility Requirements for the THAN Asbestos Trust
Claimants must file within the statute of limitations and be able to prove their eligibility through strict documentation to make a successful claim against the THAN Asbestos Trust.
Fact
The statute of limitations refers to the time limit when victims can take legal action against an asbestos company. The statute of limitations varies by state but is typically no more than 2 to 3 years after medical diagnosis or death. Once the statute of limitations has passed, so does the opportunity for compensation.
Eligibility criteria can be divided into two primary categories: medical and exposure.
Medical Requirements
The precise medical requirement needed to prove eligibility varies depending on which of the eight scheduled diseases a claimant has been diagnosed with.
However, there is significant overlap. Some requirements include:
- A diagnosis with a covered illness made by a doctor or pathologist
- Proof in the form of testing and imaging, including:
- X-ray
- CAT scan
- MRI
- PET scan
- Pulmonary testing
- Biopsy results
- Pathology report
- Supporting medical documentation linking the illness to asbestos exposure
- A 10-year latency
Exposure Requirements
To prove asbestos exposure, claimants must show:
- Significant occupational exposure
- Six months of exposure to asbestos distributed by THAN prior to December 31, 1986
- Proof of “meaningful and credible exposure” to a THAN asbestos-containing product distributed, sold, marketed, processed, handled, or manufactured
Documents commonly used to prove exposure requirements include:
- Affidavits/witness statements
- Construction records
- Employment records
- Insurance records
- Military service records
- Paystubs
- Sales records
“Getting experienced legal guidance may ease the stress of gathering all these documents. Our team of skilled lawyers can help eligible victims navigate these trusts by gathering evidence and documentation, managing the filing process, and pursuing the maximum potential compensation.”
– Daniel Wasserberg, Attorney
Filing a Personal Injury Claim Against THAN
When filing a claim against the T.H. Agriculture & Nutrition, LLC Asbestos Personal Injury Trust, claimants must follow a strict process and timeline.
Working with an experienced asbestos lawyer can help simplify this process, allowing victims to focus on their health rather than paperwork.
How to file a claim against the THAN Asbestos Trust:
- 1. Choose between individual or expedited review.
- 2. File a completed claim form, including all supporting documentation.
- 3. During review, address any deficiencies in documentation.
- 4. If the claim succeeds, accept your compensation. If the claim is denied, there may be options for appeal.
Filing a claim against an asbestos trust can be daunting, but victims and their loved ones don’t have to do it alone. Help may be available.
Loved Ones & Family Members
Asbestos-related illnesses can be devastating and fast-moving, requiring aggressive treatment that can turn the lives of patients and loved ones upside down.
Close family members may need to assume caregiver roles, further straining families’ mental, emotional, and financial resources.
In this situation, the claims process often falls to the victim’s loved ones. Working with a mesothelioma lawyer may give families access to the resources and expertise needed to file a successful claim.
An experienced lawyer can help minimize stress while maximizing potential compensation, allowing clients to focus on what matters most: their health and well-being.
If you or a loved one has been diagnosed with an asbestos-related illness and you’re interested in exploring compensation options, reach out today to learn more. You may be eligible for significant financial assistance.
Sources
- Reuters. “T H Agriculture files for bankruptcy amid lawsuits.” Retrieved from https://www.reuters.com/article/thagriculture-bankruptcy/t-h-agriculture-files-for-bankruptcy-amid-lawsuits-idUSN2441398420081125
- T H Agriculture & Nutrition, LLC Asbestos Personal Injury Trust. “First Amended Asbestos Personal Injury Trust Distribution Procedures (Effective April 1, 2011).” Retrieved from http://www.thanasbestostrust.com/wp-content/uploads/2018/04/df9095972c5a52a355e2d7084dbf6be7.pdf
- T H Agriculture & Nutrition, LLC Asbestos Personal Injury Trust. “Annual Report, Financial Statements And Results Of Operations Of The T H Agriculture & Nutrition, L.L.C. Asbestos Personal Injury Trust For Fiscal Year Ended December 31, 2018.” Retrieved from http://www.thanasbestostrust.com/wp-content/uploads/2019/05/than-trust-2018-annual-report-and-financial-statements.pdf
- Environmental Protection Agency. (n.d.). EPA. https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.cleanup
- Friedman, D. J. (n.d.). Encyclopedia of Building & Environmental Inspection, testing, diagnosis, repair. Companies that Produced Asbestos & Years of Asbestos Product Production – How to file an asbestos injury claim with an Asbestos Trust. https://inspectapedia.com/hazmat/Asbestos_Producing_Companies.php#T
- T H Agriculture & Nutrition, L.L.C. Asbestos Personal Injury Trust. Resources – T H Agriculture & Nutrition, L.L.C. Asbestos Personal Injury Trust. (n.d.). https://www.thanasbestostrust.com/resources.html
- T H agriculture files for bankruptcy amid lawsuits | Reuters. (n.d.). https://www.reuters.com/article/thagriculture-bankruptcy/t-h-agriculture-files-for-bankruptcy-amid-lawsuits-idUSN2441398420081125/