Hercules Chemical Company is a manufacturer and marketer of chemical and specialty products used by the commercial plumbing and heating industry. Some of the more-than-century-old company’s earliest products included asbestos that sickened thousands of those who used it or were exposed to it. As a result of claims filed by people diagnosed with malignant mesothelioma and other asbestos-related diseases, the company filed for bankruptcy protection in 2008 and created an asbestos trust fund to reimburse those harmed by their products.[1]
Hercules Chemical Company History and Asbestos
Hercules Chemical Company was founded in 1915 by Samuel Wander, who earned a reputation for “walking the tracks” as he walked from town to town selling his Drain Pipe Solvent.[2] Though that was Hercules’ first product, the company expanded along with the plumbing industry, establishing a factory in New York City and dramatically expanding its product line. Over the years, it added the Johni Bolt, the Johni Ring, specialized drain cleaners, thread sealants, and a special hand cleaner made specifically for plumbers. The company also developed a non-staining plumber’s putty called sta-put Ultra.
In 1994, the company relocated to Passaic, New Jersey, and in 1995 became an Employee Stock Ownership Plan (ESOP) company. In 1999, Hercules Chemical Company acquired Cloroben Chemical, a manufacturer of drain cleaning products and waste systems cleaners.[3] In 2002, Hercules partnered with Oatey Supply Co. to co-found OateySCS, a supply chain organization that allowed plumbing wholesalers to order Hercules, Oatey, and other major brands of plumbing products from a single source, using one comprehensive sales program and to combine products into a single shipment and invoice. The collaboration allowed customers to work with one sales representative while still allowing the companies to remain separate,[4] though ten years later, Oatey purchased certain assets of Hercules Chemical Co.[5]
In August 2008, Hercules Chemical Co. was facing over 7,000 asbestos lawsuits that blamed asbestos in the company’s furnace cement product for causing asbestos-related illnesses, including malignant mesothelioma. The company filed a voluntary petition for Chapter 11 reorganization and established an asbestos trust fund.[6]
How Did Hercules Chemical Company Use Asbestos?
As a manufacturer of products for the commercial plumbing industry, Hercules Chemical Company produced a wide range of products, including cement, sealants, and putties that needed to withstand water, heat, or both. One of those products was furnace cement, which was made with asbestos fibers that enabled it to withstand the high temperatures generated by furnaces and hot pipes. The product was used by plumbers, boiler workers, and many others, and was linked to thousands of cases of asbestos-related diseases.
Who Was at Risk of Asbestos Exposure from Hercules Chemical Company’s Products?
Hercules Chemical Company’s furnace cement product contained asbestos from 1939 until 1983, and the asbestos trust that the company established provides a long list of occupations and industries that could have been exposed to their asbestos-containing product in an occupational setting. In addition to the company’s employees, who may have been exposed in the manufacturing or packaging process, the list includes:
- Air Conditioning/Heating Manufacturing
- Boiler Workers
- Bricklayers
- Masons
- Burner Installers or Repairman
- Carpenters
- Cement Finishers
- Construction
- Contractor
- Custodian
- Fireman
- Furnace Workers
- Gas Conversion Technicians
- Heating Insulators
- HVAC Installers
- Refrigeration Installers
- Machinists
- Insulation Workers
- Kiln Operators
- Maintenance Workers
- Millwright
- Oil Burner Serviceman
- Oven Operators
- Pipe Insulators
- Welders
- Pipefitters
- Plant Maintenance
- Plumbers
- Powerhouse Employees
- Refinery Workers
- Sheet Metal Workers
- Turbine Mechanics
Secondary Asbestos Exposure
In addition to the direct exposure to asbestos that these workers risked, the family members of any worker who was exposed to the product were also put at risk of exposure to asbestos carried home on their loved one’s clothing. Because asbestos fibers become airborne when disturbed, microscopic particles frequently settle on the hair, skin, and clothing of those who are directly exposed. Workers exposed to Hercules Chemical Company’s asbestos-containing furnace cement may have carried those fibers into their homes and exposed their spouses or children. This is known as secondary asbestos exposure, and it has been linked to many diagnoses of asbestos-related diseases in those who never worked with the carcinogenic material.
Bankruptcy and Asbestos Trust
When Hercules Chemical Company announced that it would be seeking bankruptcy relief under Chapter 11 with the United States Bankruptcy Court for the Western District of Pennsylvania, the company’s president and CEO indicated that the petition was filed for the sole purpose of facilitating a comprehensive resolution of the more than 7,000 asbestos lawsuits pending against the company seeking damages for personal injuries allegedly arising from contact with its asbestos-containing furnace cement product.[6]
The trust designated five disease levels as being eligible for compensation for both expedited and individual reviews, with each disease having strict evidentiary requirements regarding diagnosis and significant occupational exposure, except for claims from victims of secondary exposure, who need to provide evidence of a family member with significant occupational exposure.
The diseases that are compensated by the Hercules Chemical Company’s Asbestos Trust fund are:
- Mesothelioma – $70,000
- Lung Cancer – $14,000
- Other Cancer – $3,900
- Severe Asbestosis – $6,500
- Nonmalignant disease – $1,100
The trust’s administrators have the discretion to determine if the claimant has a serious financial need that qualifies them for exigent hardship status. This allows them to receive expedited payment.
What to Do if You Were Exposed to Asbestos in a Hercules Chemical Co. Product
Filing a claim with the Hercules Chemical Co. Asbestos Trust does not require the involvement of a mesothelioma lawyer, but there are significant benefits to using one. An attorney who specializes in representing victims of asbestos exposure will be able to help you with more than the filing against Hercules. They will compare your work history and the products you used within your occupation to see whether you’re eligible to file a lawsuit against any other asbestos companies whose products you may have been exposed to.
If you believe you have such a claim, let a mesothelioma lawyer help you take the next step. They can review your work history and find all the companies responsible for your exposure. You might be eligible for other asbestos trusts, or able to file claims with asbestos trust funds established by other companies that filed for bankruptcy in the face of asbestos liabilities.
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