W.R. Grace Asbestos Trust

W.R. Grace was responsible for asbestos exposure throughout its supply chain. It operated a contaminated vermiculite mine, manufactured asbestos-containing products, and sold them internationally for installation.

WRG asbestos products include insulation, plaster, fireproofing, and cement. Professions with high levels of asbestos exposure through WRG include miners, plant workers, construction workers, and maintenance personnel.

The final endowment of the W.R. Grace Asbestos Trust will exceed $3 billion. Like other asbestos trusts, it only pays a percentage of claims to ensure enough money to handle all future claims.

W.R. Grace & Asbestos Exposure

Founded in 1854, W.R. Grace developed into a multinational specialty chemical company. In 1963, they purchased the Zonolite insulation and specialty products company, which included one of the largest vermiculite mines ever operated in the U.S. 

The mine, located in Libby, Montana, was contaminated with asbestos. It produced up to 200,000 tons of asbestos-contaminated vermiculite a year, which was used in various construction projects and applications.

Scores of people — including local residents, mineworkers, construction workers, and homeowners nationwide — have been exposed to Grace products containing asbestos. About a quarter-million people had filed lawsuits when the company filed for bankruptcy protection in 2001.

W.R. Grace Asbestos Lawsuits

W.R. Grace has a long history of settling asbestos-related lawsuits out of court for undisclosed amounts of money. However, several individuals and entities have brought successful suits against W.R. Grace.

For example, Ralph Hutt worked in W.R. Grace’s vermiculite mine in Libby, Montana, for 18 months in 1968 and 1969. He began to develop severe breathing problems due to asbestos exposure in the 1990s. In February 2022, the court awarded Mr. Hutt $36.5 million in compensatory and punitive damages.  

In addition to private individuals, the U.S. Environmental Protection Agency (EPA) was awarded over $250 million to aid clean-up efforts at dozens of sites affiliated with W.R. Grace.

The state of Montana has also won $18.5 million in compensation for environmental damage.

Criminal Charges Filed Against Company Executives 

Lawsuits surrounding W.R. Grace’s history with asbestos are not limited to personal injury lawsuits or environmental lawsuits. Allegations that executives recklessly and knowingly exposed the public to asbestos were severe enough to trigger a series of criminal cases. 

The EPA and U.S. Justice Department indicted seven executives for knowingly putting the people of Libby, Montana, at risk and attempting to conceal the health side effects of its products.

Unfortunately for the people of Libby, the jury in the trial acquitted each defendant. The acquittal was due to a close relationship between the prosecution’s star witness, a former W.R. Grace executive, and government investigators.

Superfund Site: Vermiculite Mine in Libby, Montana

The contamination at the mine in Libby, Montana, was so severe that the EPA designated it a superfund site. Superfund sites are areas of land contaminated by industrial pollutants that present a high risk to human health and the environment.

To date, the EPA has spent nearly $55 million on clean-up expenses. The U.S. Attorney for the District of Montana called it a “human and environmental tragedy.”

W.R. Grace currently has the second-highest number of superfund sites. The only entity responsible for more sites is the U.S. government. The company is linked to nearly 39 other superfund sites in 21 states.

Associated Companies 

W.R. Grace is an international specialty chemical company with operations in over 40 countries and thousands of employees. When it filed for bankruptcy, it was responsible for 62 domestic entities, and the company has continued growing.

The company most strongly associated with W.R. Grace’s asbestos exposure is Zonolite. Acquired by W.R. Grace in 1963, Zonolite manufactured and distributed insulation and other construction materials that contained asbestos.

Along with Zonolite’s manufacturing and distribution branches, W.R. Grace acquired their asbestos-contaminated vermiculite mine in Libby, Montana, where mining continued until 1990.

High-Risk Jobs Associated with W.R. Grace

W.R. Grace exposed many people across the mining, manufacturing, and construction professions to asbestos and asbestos-containing products. Family members of those exposed through work also faced risks of secondary exposure.

Jobs at Highest Risk for Asbestos Exposure

Other W.R. Grace occupations that faced asbestos exposure include:

• Mill workers
• Screening personnel
• Processors
• Shipping personnel
• Truck drivers
• Plumbers
• Insulation installers
• Railroad workers

Asbestos Products Used at W.R. Grace

Asbestos-covered vermiculite infiltrated millions of homes across the U.S. For decades, it was widely used in insulation, fireproofing, garden soil, and fill dirt. W.R. Grace made dozens of products containing asbestos-tainted vermiculite.

Top Asbestos-Containing Products Used at W.R. Grace:

• Zonolite Super 40: Used in interior drywall applications
• Zonolite Masonry Insulation: For use in construction applications
• Zonolite Plaster: Dry plaster compound
• Zonolite Acoustical Plaster
• Zonolite Attic Insulation
• Zonolite Econowhite
• Zonolite Insulating Cement
• Zonolite MK-1 and MK-2 Insulation
• Zonolite Spraytex
• Zonolite Super 40 Spray Surfacer
• Zonolite Fireproofing
• Zono-coustic
• Monokote Cement: Fire-retardant cement for construction
• Monokote Fireproofing: Fire-retardant spray used in the World Trade Center

The Formation of The WRG Asbestos PI Trust

Established in 2008 under a bankruptcy court order, WRG maintains three asbestos trusts: 

• 1. The WRG Asbestos PI Trust
• 2. The Zonolite Attic Insulation Trust
• 3. A trust for property damage unrelated to Zonolite Attic Insulation

The W.R. Grace trusts will be fully funded at over $3 billion. With this, the company established a schedule of financial liability for eight asbestos diseases, including mesothelioma. 

If asbestos exposure can be proven, the WRG Asbestos Trust will pay claims based on the level of disease. Like other asbestos trusts, the WRG Asbestos Trust only pays a percentage of claimant requests to ensure funds for all present and future claims.

W.R. Grace Asbestos Trust Payment Percentages & Compensation

W.R. Grace’s payment percentage is 31.7%. The trust is directly responsible for handling the compensation of asbestos victims.

There are two payment types:

• 1. Scheduled values are fixed amounts awarded for specific proven illnesses.
• 2. Gross settlement values are individually assigned on a case-by-case basis — with a maximum ceiling — and may be more or less than the scheduled value.

Claimants receive the payment percentage of either the scheduled or gross settlement value. See how much you could receive below:

Disease	Compensation
Mesothelioma	$180,000
Lung Cancer 1	$42,000
Other Cancer	$20,000
Severe Asbestosis	$50,000
Severe Disabling Pleural Disease	$50,000
Asbestosis/Pleural Disease (Level III)	$7,500
Asbestosis/Pleural Disease (Level II)	$2,500
Asbestosis/Pleural Disease (Level I)	$300

Understanding the Different Review Processes

The trust pays claims based on two different review processes: expedited review and individual review.

Expedited Review

An expedited review is the simplest and fastest way to receive compensation. It requires less paperwork and guarantees a standard compensation amount for covered diseases. 

The streamlined process eliminates individual deliberation, making expedited review a popular option for those needing funds to meet pressing medical and living expenses.

Claims regarding Lung Cancer 2 (Level VI) are not eligible for expedited review.

Individual Review

Individual review takes longer because WRG trustees must analyze each claim independently to determine the level of harm and the appropriate compensation.

While successful individual reviews usually yield higher payouts than expedited reviews, it’s important to note that lower payments are also possible.

This process is best for those looking to get the highest compensation possible and who are willing and able to wait for compensation.

Eligibility Requirements for the WRG Asbestos PI Trust

To be considered eligible for payment from the WRG Asbestos Trust, claimants must meet two types of requirements:

• Medical requirements
• Exposure requirements

Both types demand specific criteria and rigorous documentation. 

Medical Requirements

While the precise medical requirements may vary slightly depending on which of the scheduled illnesses a patient suffers from, the essential criteria remain standard:

• The patient has been diagnosed with a scheduled condition through a physical exam by a physician (if living) or a pathologist (if deceased). 
• Documented evidence of symptoms — i.e., tumors, lesions, low pleural function, etc. — proven through imaging, testing, or a pathology report.
• A 10-year latency.

Some scheduled illnesses may require additional documentation in the form of letters from doctors showing a causal link between asbestos exposure and the disease. 

Exposure Requirements

The primary exposure requirements for eligibility are relatively straightforward. Claimants must prove at least six months of WRG-related exposure occurring before December 31, 1982, and documentation is required. 

There are options for claimants whose exposure occurred after the deadline or who do not meet the duration requirements. However, those claims have unique filing criteria. 

Filing a Personal Injury Claim Against W. R. Grace

W.R. Grace established its asbestos trust funds in response to the widespread harm caused by asbestos exposure to its employees and through its products. The trust compensates victims and their families who successfully file claims against the trust. Filing a claim takes time, effort, and precision.

• Claimants must first choose between expedited and individual review.
• Claimants must submit a claim form along with all required documentation. They can submit their claims via mail or online. 
• All claims must be filed within the statute of limitations. 

WRG Asbestos Trust reviews claims using a first in first out (FIFO) system. Expedited review claims take priority over individual review claims submitted on the same day.

Loved Ones & Family Members

Watching someone you love struggle with a debilitating asbestos-related illness is a frightening and overwhelming experience. Worries about living and medical expenses and fears for the future can leave caregivers feeling isolated. But help is available.

Family members can seek compensation from the W.R. Grace Asbestos Trust on behalf of a victim, easing the financial burden and allowing them to focus on their loved one’s health and happiness.

If you have a loved one suffering from an asbestos-related illness caused by corporate negligence, reach out to see how we may be able to help you receive the compensation your family deserves.