THAN distributed raw chrysotile asbestos and asbestos-containing materials, including laundry products and insulation, from the early 1960s through 1980. THAN was one of several companies that distributed the Agent Orange herbicide and defoliant to the U.S. military from 1965 to 1971. The company also produced pesticides used in the United States.
THAN, a subsidiary of Philips Electronics North America and Koninklijke Philips N.V., 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.
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 more than $325 million in negotiated claims settlements.
How to File a Trust Claim Against THAN?
To file a claim, asbestos victims must file a claims form along with supporting documents. Claims information must include a diagnosis date, disease level, asbestos litigation history and exposure information, including the names of asbestos-containing products.
Like other asbestos trusts, THAN claims are handled on a first-in, first-out (FIFO). Once an award amount is accepted, claimants are paid based on the payment percentage. At the current rate of 23 percent, a claimant with a mesothelioma diagnosis would receive $34,500 through an expedited review.
Anyone exposed to THAN asbestos products or raw materials has the right to file a claim to the T H Agriculture & Nutrition, LLC, Asbestos Personal Injury Trust. Contact us today for a free consultation with an attorney.
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Expedited Review for THAN Asbestos Trust
The THAN trust established eight covered diseases. Claimants who seek an expedited review will receive quick access to financial compensation (if qualified). The settlement amounts, also known as scheduled values, are distributed as fixed sums, as follows:
|Lung Cancer 2||$0|
|Asbestosis/Pleural Disease||$3,800 to $8,000|
|Other Asbestos Disease||$500|
What does the THAN asbestos personal injury trust require to award payment for mesothelioma cancer?
- Documentation from the physician that specifies 10 years have elapsed between the first exposure to asbestos or an asbestos-containing product and diagnosis or a history of the claimant’s exposure that establishes a 10-year latency period.
- Credible medical evidence (such as X-rays, CT scans, detailed results of pulmonary function tests, laboratory results, tissue samples and results of medical examinations or reviews of other medical evidence)
- Proof of “meaningful and credible exposure” to a THAN asbestos-containing product that the company distributed, sold, marketed, processed, handled or manufactured.
Individual Claim Review for THAN Trust
The THAN Trust follows a financial schedule for individual-review claims:
|Mesothelioma (Level VIII)||$150,000-$900,000|
|Lung Cancer (Level VII)||$65,000-$250,000|
|Lung Cancer 2 (Level VI)||$0-$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 to $15,000|
|Asbestosis/Pleural Disease (Level II)||$3,800-$8,000|
The THAN trust allows individuals who have had secondary asbestos exposure, such as from a family member, to file an individual-review claim.
THAN Asbestos PI Trust Payments and Claims
From 2009, when the trust was created, through December 2018, the trust has paid out 255,214 claims totaling $707 million. In 2018 alone, it paid 13,083 claims totaling nearly $34 million.
How many claims have been filed against the THAN Asbestos Trust since it was created?
- Other asbestos disease (Level I) – 9,722
- Asbestosis/Pleural Disease (Level II) – 108,493
- Asbestosis/Pleural Disease (Level III) – 58,570
- Severe Asbestosis (Level IV) – 4,840
- Other Cancer (Level V) – 8,534
- Lung Cancer 2 (Level VI) – 5,880
- Lung Cancer 1 (Level VII) – 31,489
- Mesothelioma (Level VIII) – 19,630
How many claims were filed against the THAN Asbestos Personal Injury Trust in 2018?
- Other asbestos disease (Level I) – 292
- Asbestosis/Pleural Disease (Level II) – 3,685
- Asbestosis/Pleural Disease (Level III) – 3,496
- Severe Asbestosis (Level IV) – 212
- Other Cancer (Level V) – 776
- Lung Cancer 2 (Level VI) – 300
- Lung Cancer 1 (Level VII) – 2,427
- Mesothelioma (Level VIII) – 1,480
Of the 13,083 claims filed in 2018, 1,196 were withdrawn, 7,802 were deferred and 540 were approved for payment.
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- 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