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Delaware has only one known natural source of asbestos, which is the Mount Cuba Serpentine body and is located in New Castle County. Asbestos is found in minerals along this one and a half-mile area of land in its talc and magnesite.
Most individuals who were exposed to asbestos in Delaware are workers or consumers who interacted with products containing asbestos. The state had various worksites across it that depended on this material for its heat and chemical-resistant properties. Delaware used asbestos in its chemical plants and energy stations. This dangerous material was often found in factory boiler rooms. Additionally, a small vermiculite processing plant located in Delmar handled products that contained asbestos. Factories that manufactured various products also exposed employees to the toxic fibers that cause mesothelioma and related conditions because asbestos was in employee workspaces and machinery. Factory workers who produced goods like chlorine, engine oil additives, thermoplastics and polyethylene resins were at an added risk of being exposed to asbestos because these materials often contained the dangerous material in them.
Construction companies often used asbestos-containing materials in roof tiles, insulation, floor tiles, adhesives and roofing materials. Asbestos was not largely regulated until the 1980’s. Many of Delaware’s historic buildings, churches, schools and houses were built with materials that contained asbestos. When construction companies and contractors remove or replace construction materials may loosen fibers and cause them to become airborne, placing workers and others in the area at risk of inhaling them. If you or a loved one worked in, or lived in Delaware and have been diagnosed with mesothelioma, contact our law firm today and learn more about your legal rights in regards to lawsuits and trust fund claims.
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Delaware Asbestos Regulatory Agencies
Delaware Mesothelioma Diagnoses
Delaware Laws Concerning Asbestos
Delaware Statute Of Limitations
Delaware Asbestos Trust Funds
Delaware Mesothelioma Verdicts and Settlements
Delaware Asbestos Exposure Site List
Delaware Mesothelioma Law Firms
Delaware Mesothelioma Diagnoses
Between 1999 and 2015, an estimated 164 Delaware residents were diagnosed with mesothelioma. Delaware has a mesothelioma diagnosis rate of about 11 people per million. New Castle, Sussex and Kent Counties have the highest asbestos-related diagnoses between this same time period, compared to other counties in Delaware.
The majority of mesothelioma cases have occurred in: Dover, Wilmington, Milford, Seaford, Newark, and Harrington
Delaware Asbestos Laws
Delaware has a variety of laws that impact a litigant’s ability to pursue a claim against a negligent defendant, including when such claims must be filed and what the litigant must prove in order to acquire compensation for the damages he or she suffered.
Statute of Limitations
The statute of limitations is the timeline by which a particular cause of action must be filed. In Delaware, there is a two-year statute of limitations for personal injury cases. This means that the case must be brought within two years of the injury in most cases. For many mesothelioma victims, harm caused by asbestos exposure is sometimes not known for many years after the exposure. The Connecticut statute of limitations takes this into consideration by allowing plaintiffs to still file their lawsuit if they do so within two years of discovering their injury, such as by receiving a diagnosis of mesothelioma. There is also a two year statute of limitations that applies for wrongful death cases. In these situations, the family has two years from the decedent’s date of death to file a claim against the defendant.
Delaware Asbestos Court Exposure Standard
To establish causation in a Delaware asbestos lawsuit, a plaintiff must present medical expert testimony to a reasonable medical probability that there was a causal relationship between the defendant’s product and plaintiff’s injury and, but for the exposure, the injury would not have occurred.
Delaware Companies with Trust Funds
After many companies were sued, they filed agreed to settlements or filed bankruptcy that established special trusts. These trusts provided current and future claimants with compensation for damages resulting from exposure to asbestos that was due to the manufacturers’ or employers’ actions. Many companies are incorporated under Delaware law, which could help explain why so many of the trust funds have been established or are administered in the state. Delaware has more asbestos trust funds than any other state. The trust funds described below were established in or administered in Delaware.
The Armstrong World Industries Asbestos Personal Injury Settlement Trust was established in 2006 after Armstrong World Industries filed bankruptcy in 2000. This company was a large manufacturer of flooring, insulation and other products that contained asbestos. It was also one of the first companies that faced lawsuits regarding asbestos. The trust is currently considered active and has estimated funds over $2 billion. The trust is administered out of Wilmington, Delaware.
The Babcock & Wilcox Asbestos Trust was established in 2006 after Babcock & Wilcox filed bankruptcy in 2000. The manufacturer produced boilers and refractory products, which ultimately placed it in a liable position for approximately 2,000 occupations. The active trust fund has estimated funds of $1.85 billion. It is also administered out of Wilmington, Delaware.
The Brauer 524(g) Asbestos Trust was registered in Delaware specifically to handle personal injury claims against Brauer Supply Company. It was established in 2012 as part of its 2005 Chapter 11 Bankruptcy. The trust has estimated funds of $8 million and is considered active. It is administered out of New Jersey.
The Celotex Asbestos Settlement Trust was established in 1997. The trust involves Celotex and Carey Canada, a subsidiary of Celotex that mined asbestos for their products, which exposed workers and consumers alike to asbestos fibers. Thousands of people filed lawsuits against the companies, leading to their 1990 bankruptcy filing. The company reorganized and established the trust which has estimated funds of approximately $1.25 billion. The trust is administered out of Delaware.
The Federal Mogul Asbestos Personal Injury Trust – Ferodo Subfund is an active trust fund that was established in 2007. This British brake company was forced into bankruptcy in 2001 after facing liability from various asbestos lawsuits. The company headquarters are in Derbyshire, England, and the trust is administered out of Wilmington, Delaware. The Federal Mogul Asbestos Personal Injury Trust – Flexitallic Subfund was also established in 2007.Flexitallic was sold to Dan-Loc Bolt & Gasket in 1997. Turner & Newall and then Federal Mogul, which purchased Turner & Newall the following year assumed the liability for the former company’s asbestos lawsuits. The trust was established after the company filed bankruptcy in 2001. It has estimated funds of $635 million and is administered out of Wilmington, Delaware. The company headquarters is located in Houston.
The Federal Mogul U.S. Asbestos Personal Injury Trust was established after Federal Mogul acquired various companies that manufactured asbestos products. By purchasing the companies, it assumed the liability of them until it filed bankruptcy in 2001. The company reorganized in 2007 and established this trust to handle the liability stemming from F-M Products, Wagner and Federal Mogul Corp. The fund has $635 million in estimated funds. The company headquarters is located in Southfield, Michigan. The Federal-Mogul Asbestos Personal Injury Trust – Turner & Newall Subfund covers liability stemming from Turner & Newall, Gasket Holdings, Ferodo America, Inc., Felt Products Manufacturing and Vellumoid. The asbestos trust with approximately $635 million was established in 2007. The company headquarters is located in Manchester, United Kingdom.
The Flintkote Company and Flintkote Mines Limited Asbestos Personal Injury Trust was established in 2015 after the companies filed bankruptcy in 2004. The companies faced many asbestos-related lawsuits stemming from the roofing materials the companies manufactured. Thousands of claims had been unresolved after the companies filed bankruptcy. The trust has funds of approximately $214 million. It is administered in Wilmington, Delaware.
The Owens Corning Fiberboard Asbestos Personal Injury Trust was established in 2006 as part of the company’s plan to reorganize. Owens Corning Fiberglass used asbestos in their fiberglass insulation products. The company is headquartered in Ohio, but the trust is administered out of Wilmington, Delaware. It has estimated funds of $1.56 billion. The Owens Corning Fiberboard Asbestos Personal Injury Trust – Owens Corning Subfund was established in 2006 after the company declared bankruptcy in 2000 after acquiring the Fibreboard Corporation in 1997. The trust had $3.42 billion of estimated funds and handled over $361 million in claims within its first year. The company headquarters is located in Toledo, Ohio, and the trust is administered out of Toledo, Ohio.
The Pittsburgh Corning Corporation Asbestos Personal Injury Trust was established in 2013. The company acquired UNARCO Unibestos pipe insulation product line, after which it began to be named in multiple asbestos lawsuits. The company declared bankruptcy in 2000. The trust was established to handle the many claims against Pittsburgh Corning. It has estimated funds of $825 million. The company headquarters Is located in Pittsburgh, Pennsylvania, and the trust is administered in Wilmington, Delaware.
The PLI Disbursement Trust handled claims for Prudential Lines, a shipping company. Its headquarters are in Delaware, but the trust stopped disbursing claims after 20 years. It was established in 1990.
The United States Gypsum Asbestos Personal Injury Settlement Trust was established in 2006 and had estimated funds of $3.96 billion. It handles claims stemming from United States Gypsum Co., USG Corps, which manufactured plasters, paints, tiling and insulation containing asbestos. The trust is administered out of Wilmington, Delaware.
The W.R. Grace & Co. Asbestos Personal Injury Trust is administered out of Wilmington while the headquarters is located in Columbia, Maryland. W.R. Grace & Co. used asbestos in insulation and fireproofing products. The company faced a daunting 130,000 lawsuits. It declared bankruptcy and reorganized. The trust has approximately $3 billion in funds and was established in 2014.
The Delaware Insulations Distributors established a trust fund in 1992, which is headquartered in Delaware. Murphy Marine Services also established a trust of an unknown amount.
Delaware Asbestos State Regulatory Agencies and Regulations
The Delaware Department of Natural Resources and Environmental Control, Asbestos Management & Control Program is responsible for many of the state regulations regarding asbestos in Delaware. Before beginning any project that would remove any asbestos-containing materials, owners are advised – and depending on the circumstances may be required – to have an inspection performed by a Delaware licensed asbestos inspector. Additionally, they must notify the United States Environmental Protection Agency and potentially the Delaware Department of Natural Resources and Environmental Control a minimum of 10 business days before performing such work. There are additional regulations regarding how asbestos-containing materials must be disposed.
Title 16 of the Delaware Code contains many of the regulations concerning asbestos. This code contains the following definition of asbestos: a group of naturally occurring minerals that separate into fibers. The asbestiform varieties include chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite, and any of these materials that has been chemically treated and/or altered.
Delaware Asbestos Site Exposure List
Delaware was home to many sites that could have potentially exposed workers and consumers to asbestos, including the following:
- Evraz Claymont Steel Holdings/Phoenix Steel Corporation – Claymont
- DuPont Chemical – Wilmington, Seaford
- Atlas Chemical Production, Corp. – Atlas Point
- Kellogg Company – Atlas Point
- Delmarva Power & Light Company – Edgemoor
- Edgemoor Iron Works – Edgemoor
- Graver Tank & Manufacturing Company – Edgemoor
- Ludlow Manufacturing – Edgemoor
- Delaware Power & Light Company – Millsboro
- Indian River Station – Millsboro
- Krebs Plant – Newport
- Allied Chemical Corporation – North Claymont
- General Chemical Company – North Claymont
- Beebe Hospital – Seaford
- Our Lady of Lourdes Church – Seaford
Delaware Mesothelioma Lawsuits and Settlements
Asbestos lawsuits in Delaware date back to the 1970s. Most of these cases were settled out of court or dismissed before they went to a jury. However, the state has been home to landmark cases and some of the largest legal victories for plaintiffs reported by news agencies and unaffiliated law firms:
In 1990, a group of journeymen insulators were awarded a verdict in excess of $2.5 million from asbestos exposure they had at an oil refinery in Delaware City. In 2011, the Delaware Supreme Court awarded pain and suffering damages in the amount of $1.16 million for a son and $80,000 for his mother. The court awarded another $500,000 for surviving family members after the plaintiffs developed mesothelioma after they handled and installed clutches and other automotive gaskets that had asbestos in them.
In June 2018, a Delaware jury awarded a $40.6 million verdict to the family of a man who died of mesothelioma against a number of automotive manufacturers, including Ford, Chrysler and General Motors. The jury also imposed punitive damages of $1 million against Ford.
Many settlements are not made public record because of their confidential nature. Law firms may provide information on some of these settlements without revealing private details of the case. For example, one Delaware law firm published the following outcomes:
- $32 million judgment for four plaintiffs who were diagnosed with asbestosis
- $22 million judgment for a plaintiff with asbestosis
- Multiple $1-$3 million for several plaintiff cases for plaintiffs with mesothelioma or asbestosis
Mesothelioma Law Firms
Our lawyers have decades of experience working with mesothelioma victims, and will not hesitate to go to trial on your behalf. In certain cases we will work with a local Delaware mesothelioma law firm with offices located in Wilmington, Georgetown, Bear, Milford or Newark where the attorneys have demonstrated experience with mesothelioma cases.
