Yarway Corp.

Yarway Asbestos Use and Trust History

Yarway, which began operations under the moniker Simplex Engineering, opened in the heyday of steam engines. When company owners realized the benefits of asbestos, the virtually indestructible mineral was used in many Yarway products. By 1950, Yarway was a leader in steam engine and boiler-power technology.

Yarway executives admit the company used asbestos in its products through the 1970s, long after the dangers of the mineral were known. In 1987, Yarway was bought out by Keystone International, a specialty valve manufacturer, and in 1997, Tyco Corporation acquired Keystone.

The Yarway Corp. stopped utilizing asbestos in its products in 1988 and shuttered operations in 2003.

Before the Yarway Corporation Chapter 11 Joint Plan of Reorganization was created, the company paid over $128 million in settlements, had more than 10,000 creditors and faced about $500 million in asbestos liabilities.

In 2018, trustees approved nearly 500 sites nationwide that have been approved as locations where Yarway asbestos-containing products were used.

Yarway Occupations and Locations

The Yarway Trust designates four industries — shipyard, commercial, industrial and railroad – known for exposure to asbestos. Trustees identified the following professions to have a high likelihood of Yarway asbestos exposure:

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In addition, Yarway trustees identified the following shipyard/shipboard trades as susceptible to asbestos exposure:

• Electrician
• Engine room worker
• Firefighter
• Sheet metal worker
• Ship fitter

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The trust has documented 477 sites around the country as known to have Yarway asbestos contamination, including:

• University of Chicago power plant (Illinois)
• Fort Worth Federal Correctional Institution (Texas)
• Naval Regional Medical Center (North Carolina)
• Belews Creek Steam Station (North Carolina)
• Naval vessels: Including USS Ranger, USS Pringle, USS Sigsbee, USS Vulcan and USS Whipple

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Yarway Corp. Financial Compensation Procedures

The Yarway trust recognizes seven asbestos-related diseases and pays claims on a first-in, first-out (FIFO) basis.

Claimants have two options for collecting compensation from the Yarway trust:

Expedited Review

Claimants who submit documentation for an expedited review must meet the medical and exposure criteria for the asbestos-related disease, as follows:

Mesothelioma: 

$55,000 (Level VII)
Medical/Exposure Criteria:

• • A mesothelioma diagnosis
  • Verified Yarway exposure

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Lung Cancer I:  

$17,500 (Level VI)
Medical/Exposure Criteria:

• • Diagnosis of a primary lung cancer
  • Evidence of an underlying bilateral asbestos-related nonmalignant disease. (Evidence can include some types of chest x-rays, CT scans or pathology reports showing bilateral interstitial fibrosis, bilateral pleural thickening, bilateral pleural calcification or bilateral pleural plaques)
  • Six months of exposure to Yarway asbestos before Dec. 31, 1982
  • Significant occupational exposure
  • Supporting medical documentation establishing asbestos exposure as a factor in the lung cancer

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Lung Cancer 2:  

No Yarway compensation (Level V)
Medical/Exposure Criteria:

• • Lung cancer shows no evidence of an underlying ambilateral asbestos-related nonmalignant disease (disease on both sides of organ) or significant occupational exposure

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Other cancer:  

$5,000 (Level IV)
Medical/Exposure Criteria:

• • Primary diagnosis of colorectal, laryngeal, esophageal, pharyngeal or stomach cancer
  • Evidence of an underlying bilateral asbestos-related nonmalignant disease
  • Six months of exposure to Yarway asbestos before Dec. 31, 1982
  • Significant occupational exposure
  • Supporting medical documentation verifying asbestos exposure as a factor in the lung cancer

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Severe Asbestosis:  

$10,000 (Level III)
Medical/Exposure Criteria:

• • Diagnosis of asbestosis, confirmed by quality chest radiography or pathological evidence plus lung function testing showing severe deficiencies
  • Six months of exposure to Yarway asbestos before Dec. 31, 1982
  • Significant occupational exposure
  • Supporting medical documentation establishing asbestos exposure as a factor in the lung cancer

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  Asbestosis/Pleural Disease:  

  $2,000 (Level II)
  Medical/Exposure Criteria:

  • • Evidence of an underlying bilateral asbestos-related nonmalignant disease
    • Evidence of severely limited lung functioning
    • Six months of exposure to Yarway asbestos before Dec. 31, 1982
    • Significant occupational exposure
    • Supporting medical documentation verifying asbestos exposure as a factor in the lung cancer

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  Asbestosis/Pleural Disease:  

  $2,000 (Level I)
  Medical/Exposure Criteria:

  • • Evidence of an underlying ambilateral asbestos-related nonmalignant disease
    • Six months of exposure to Yarway asbestos before Dec. 31, 1982
    • Five cumulative years of occupational asbestos exposure

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  With a payment percentage of 25%, mesothelioma victims who file an expedited review Yarway claim would receive $13,750.

  Individual Review

  Only claimants who have been diagnosed with disease levels III through VII (severe asbestosis, other cancer, lung cancer and mesothelioma) are eligible for an individual review. In addition to the medical evidence, the individual review takes into consideration mitigating circumstances that would justify a more significant settlement amount, including:

  • Claimant’s age
  • Level of disability
  • Employment status
  • Disruption in family life
  • Pain and suffering

The individual review may provide Yarway asbestos victims with a larger settlement amount than an expedited review, as follows:

Scheduled Disease	Average Compensation
Mesothelioma	$80,000
Lung Cancer 1 (Level VI)	$20,000
Lung Cancer 2 (level V)	$5,000
Other Cancer (Level IV)	6,000
Severe Asbestosis (Level III)	$12,000
Asbestosis/Pleural Disease (Level II)	None
Asbestosis/Pleural Disease (Level I)	None

The Yarway trust also provides compensation for other types of claims:

• Extraordinary Claims
  Claimants who meet the medical criterion for disease levels I through VII and worked in a Yarway facility while the company was utilizing asbestos can file for an extraordinary claim. All extraordinary claims go through the individual review claims process.
• Exigent Hardship Claims
  Claimants who meet the medical criteria for disease levels III through VI and are facing dire financial needs may file for an exigent claim, which can provide fast access to financial settlements.
• Secondary Exposure Claims
  Individuals who have been exposed to asbestos from a loved one who worked with Yarway asbestos may file an individual-review claim.

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  Identifying Yarway Products

  Claimants who seek compensation from the Yarway trust must be able to identify the Yarway products that caused asbestos exposure. If that exposure happened decades ago, claimants might have a difficult time determining where and when the Yarway asbestos occurred. Attorneys experienced in asbestos litigation help Yarway claimants through the trust process. They can help identify Yarway products, document illnesses and injuries and locate witnesses to the exposure.

  To learn more about your options regarding asbestos exposure, including exposure to Yarway products, contact us today.