H.K. Porter Company was a manufacturer of industrial locomotives that used asbestos to fireproof and insulate its equipment. This exposed thousands of workers and consumers to asbestos, which is a toxic substance that can cause mesothelioma and other serious illnesses. Victims who were exposed to asbestos through H.K. Porter and diagnosed with mesothelioma may be eligible for financial compensation from the H.K. Porter Asbestos Trust.
Find out if you are qualified to file a claim with the trust during a free case consultation with an asbestos attorney at Bailey & Glasser, LLP.
Health Risks Associated With Exposure to Asbestos
Asbestos refers to six silicate minerals that occur naturally in rock and soil and were mined heavily for most of the 1900s. Asbestos was mined for use in a variety of manufacturing and production capacities due to its natural durability and resistance to heat, fire, chemicals and corrosion. Asbestos was added to many parts, equipment, building materials and consumer products through about three-fourths of the 20th Century.
In 1970, the Environmental Protection Agency identified asbestos as a “hazardous air pollutant” in the Clean Air Act. This resulted in government regulations concerning the use and disposal of asbestos. Unfortunately, these rules came too late for thousands of people who had already been exposed. According to the National Cancer Institute, being exposed to asbestos just once can result in mesothelioma and other adverse health effects. However, the people who become ill from asbestos are usually those who are exposed to it regularly, such as workers.
Asbestos can cause mesothelioma if microscopic fibers of asbestos become permanently lodged in the mesothelial tissues, or the membrane that surrounds many of the internal organs. The fibers can rub and irritate the surrounding area until scar tissue is formed, which may then develop cancerous tumors or cause other related illnesses, such as asbestos lung cancer or a chronic lung disease known as asbestosis. Illnesses caused by exposure to asbestos are typically irreversible; for example, mesothelioma is an aggressive form of cancer with no known cure.
What Asbestos Products Did H.K. Porter Company Manufacture?
H.K. Porter was founded in 1866 as a small machine shop that produced and repaired industrial equipment. By the early 1900s, it had expanded to become the largest manufacturer in the locomotive industry. H.K. Porter developed fireless locomotive equipment, which used steam and hot water in a pressure vessel rather than a traditional boiler. The company used asbestos in its steam equipment for its resistance to heat.
H.K. Porter products that contained asbestos include:
- Brakes and brake pads
- Fireproof cloth
- Gaskets
- Insulation
- Locomotive engines
- Pipe coverings and pipe insulation
- Pistons
- Shipbuilding materials
- Steam valves
- Water tanks
In the 1950s, H.K. Porter also acquired several other companies that used asbestos in their products, including Carolina Asbestos Company, Pacific Asbestos, the Southern Asbestos Company and Asbestos Manufacturing Company. H.K. Porter continued distributing products from these companies even after it stopped manufacturing locomotive equipment.
Who Was at Risk Due to H.K. Porter’s Asbestos Products?
The individuals who were most at risk of asbestos exposure through H.K. Porter’s products include railroad workers, engineers, boilermakers, insulators and manufacturing plant workers. People in other high-risk occupations for asbestos exposure may have also come into contact with H.K. Porter’s asbestos-containing products. In addition, friends and family members of a worker may have suffered secondary asbestos exposure from particles being brought home on the worker’s hair, shoes or clothing.
What Is the H.K. Porter Company Asbestos Trust?
H.K. Porter Company began facing lawsuits for asbestos exposure in the 1980s. By 1991, the company had suffered enough financial distress due to asbestos litigation that it filed for Chapter 11 bankruptcy. The H.K. Porter Asbestos Trust was established in 1998 as part of the company’s bankruptcy restructuring. This asbestos trust fund was initially given $104 million in assets to pay victims of asbestos exposure.
Victims who can prove that they were exposed to an asbestos-containing product manufactured or distributed by H.K. Porter and who have been diagnosed with an asbestos-related illness may qualify for a portion of the H.K. Porter Asbestos Trust Fund. This includes diseases such as mesothelioma, lung cancer, asbestosis and conditions of the pleura (e.g., pleural effusion or pleural plaques). Employees for H.K. Porter Company or people who worked with its products – mainly, railway and locomotive workers – may be eligible for compensation from the trust.
How Much Compensation Is Available From the Trust?
How much an asbestos trust fund claim might be worth depends on the circumstances, such as the claimant’s age, health status and asbestos-related diagnosis. The trust has scheduled values assigned to each disease category, up to a maximum of $40,000 for mesothelioma victims. Values will be determined based on various factors that are unique to the case.
The H.K. Porter Asbestos Trust Fund currently uses a payment percentage of 3 percent, meaning claimants will receive 3 percent of the assigned values of their claims. This percentage system is used to help ensure that funds will remain available for future victims of asbestos exposure. The trustees have the right to periodically modify the payment percentage.
The money acquired with an asbestos trust fund claim is meant to help a victim pay for past and future medical expenses, mesothelioma treatment costs, end-of-life care, lost wages, funeral expenses for a deceased loved one and other losses. Additional compensation may also be available with a mesothelioma lawsuit, such as pain and suffering, in some circumstances.
How to File a Claim With the H.K. Porter Company Asbestos Trust
If you wish to pursue compensation from the H.K. Porter Company Asbestos Trust, start by contacting a mesothelioma attorney for assistance. An attorney can acquire and fill out the required Claim Form with all relevant facts and information on your behalf. An attorney can also gather the necessary supporting documentation, such as medical records and work history documents. An attorney will make sure your claim is filed before the expiration of the applicable statute of limitations (deadline for filing).
Contact Bailey & Glasser, LLP Today for a Free Case Review
If you or someone you love is struggling with an asbestos-related illness, including mesothelioma, and were exposed to a product that contained asbestos from H.K Porter Company, contact Bailey & Glasser, LLP for a free case evaluation. You may be eligible for financial compensation from the H.K. Porter Asbestos Trust. If so, our asbestos attorneys will guide you and your family through the claims process to protect your legal rights.
We care about victims of asbestos exposure and will be here for you during this difficult time. Call (866) 871-7971 today to speak to an attorney.
