T. H. Agriculture & Nutrition, LLC Asbestos Personal Injury Trust

The T. H. Agriculture & Nutrition, LLC Asbestos Personal Injury Trust was established in 2009 following the approval of the company's Reorganization Plan under Chapter 11 Bankruptcy. With an initial fund of $901 million, the Trust was created to compensate individuals affected by exposure to chrysotile asbestos fibers distributed by the company between 1960 and 1980.

The Trust was created to provide fair, equitable, and substantially similar treatment to all individuals with asbestos-related personal injury claims, whether current or future.

The History

Founded in 1917, T. H. Agriculture & Nutrition began distributing asbestos fibers in 1960. These fibers were widely used in various industries until the harmful health impacts of asbestos became evident. The company continued its distribution activities until 1980, during which time exposure led to numerous lawsuits from individuals suffering from asbestos-related diseases.

Faced with mounting litigation costs, the company filed for bankruptcy in 2008. The bankruptcy process concluded in 2009, paving the way for the formation of the Asbestos Personal Injury Trust to address claims in an equitable manner.

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Purpose of the Trust

The Trust was formed to provide fair, equitable, and substantially similar treatment for all asbestos personal injury claims that may presently exist or arise in the future. It operates under the guidelines of Section 524(g) of the Bankruptcy Code to ensure equitable compensation for both current and future claimants.

Eligibility and Claim Process

Claim Evaluation Framework

Claims submitted to the Trust are evaluated using a systematic process designed to promote fairness and consistency. Claims are reviewed and processed on a first-come, first-served basis.

The Trust recognizes eight disease levels associated with asbestos exposure, each with specific presumptive medical and exposure requirements. Claims meeting these criteria may qualify for expedited review.

Claims that do not meet presumptive criteria but fall within eligible disease levels are evaluated through an individual review process that involves a more detailed assessment.

Claim Submission Requirements

To submit a claim, individuals must provide documentation confirming a diagnosis of an asbestos-related disease, evidence of exposure to chrysotile asbestos fibers distributed by T. H. Agriculture & Nutrition, and medical records establishing a causal link between the disease and asbestos exposure.

Compensation and Payment Structure

The Trust provides scheduled values for eligible disease levels, including compensation for mesothelioma, lung cancer, other cancers, severe asbestosis, pleural disease, and other asbestos-related conditions.

Through this structured settlement approach, the Trust seeks to help claimants address medical expenses, lost wages, and other financial impacts associated with asbestos-related illnesses.