Some of the biggest asbestos bankruptcy trusts established to compensate victims of mesothelioma and other asbestos-related diseases have announced plans to destroy documents and data related to already-resolved claims. While WR Grace, Babcock & Wilcox, Pittsburgh Corning, and Owens Corning say they are doing so to protect personal and sensitive information, asbestos companies that have been named in other personal injury claims are opposing the move.
Mesothelioma Defendants Say Document Destruction Undermines Transparency
There are approximately sixty trusts set up by bankrupted asbestos companies to compensate future victims of mesothelioma and other asbestos-related illnesses. Those trusts generally pay out lower amounts than plaintiffs see in settlements and jury trials, but do so faster and in a less adversarial process.
The trusts’ administrators have announced plans to destroy records about completed payouts to mesothelioma victims as soon as today, saying that they contain personal and sensitive information, but asbestos companies that are currently enmeshed in asbestos litigation are objecting to the records being destroyed. Johnson & Johnson, Dow Chemical, Rohm and Haas, and Georgia-Pacific have sent letters to the trusts demanding that the records be preserved to ensure the ability to provide information for future subpoenas.
Asbestos Companies Argue that Trust Fund Records Reveal Mesothelioma Claims Fraud
In their correspondence, the asbestos companies’ attorneys argue that historical claims records have proven essential to revealing potential fraud on the part of mesothelioma claimants and in claim submission. This reflects the companies’ suspicions that inaccurate information is being submitted regarding victims’ asbestos exposure history. They want to preserve the records so that they can demonstrate that attorneys have inflated their compensation requests and provided questionable information about their clients’ occupational exposure to asbestos.
The asbestos trust fund administrators have pushed back against the asbestos companies’ objections, noting that they are maintaining mesothelioma claimants’ releases and records as set out by law. Still, those mesothelioma victims who have received payments are encouraged to download any documents that they want to keep for their records before the destruction of historical data about their claims.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. For more information, contact us today at 1-800-692-8608.
