The Porter Hayden Company distributed asbestos insulation for many years. This exposed many workers and illness in some, who then sued the company. Porter Hayden filed for bankruptcy and still has an active asbestos trust to compensate claimants.
With more than $30 billion currently set aside in trust funds, you may qualify for substantial compensation if you’ve been diagnosed with mesothelioma, asbestosis, or asbestos-related lung cancer. Fill out our form to receive our free Financial Compensation Packet. Our packet is loaded with information on experienced mesothelioma attorneys in your area, how to file a claim for asbestos trust funds, how to get paid in 90 days, and more.
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Did Porter Hayden Use Asbestos?
Porter Hayden was in the insulation business. During the middle of the 20th century, nearly all insulation products contained asbestos. While it did not manufacture insulation, Porter Hayden distributed and installed asbestos insulation from the 1960s to the early 1970s.
Porter Hayden History
Founded in 1966, Porter Hayden began as a merger between Reid Hayden Inc. and H.W. Porter & Co. Inc.
The combined company sold and installed insulation in industrial and commercial businesses and residences. According to a memorandum provided by the Porter Hayden Asbestos Trust Fund, the company primarily sold asbestos insulation to:
- Electrical, plumbing, and welding companies
- Residential sites
- Retail sites
- Low-rise apartment buildings
As with many insulation manufacturers and distributors, Porter Hayden used asbestos in its products because the toxic set of minerals is resistant to high heat, affordability, and ease of use.
Hayden Porter continued using asbestos insulation until the early 1970s, when laws changed, and awareness of the risks of asbestos grew.
Even though Hayden Porter didn’t make asbestos insulation, it was liable for exposure and illness by distributing it. Hayden Porter filed for bankruptcy in 2002 and created an asbestos trust fund to compensate victims.
Porter Hayden Asbestos Products
Porter Hayden distributed and installed insulation during a time when nearly all insulation products contained asbestos. Some examples of asbestos products Porter Hayden used include:
- Commercial insulation
- Industrial insulation
- Pipe insulation
- Residential insulation
- Ship insulation
Asbestos Lawsuits Against Porter Hayden
The first asbestos lawsuit filed against Porter Hayden came in 1976. Many people exposed to asbestos insulation provided by Porter Hayden successfully held the company liable for their damages.
In 1992, Porter Hayden and other companies were found liable for asbestos illnesses in thousands of workers in a Baltimore case. Three plaintiffs received $11.2 million in punitive damages.
A case that was not successful involved Kazimierz Lapka, who worked in a chemical plant in Pennsylvania and later developed mesothelioma. He got sick early but did not receive a definitive diagnosis until 1984. Porter Hayden’s lawyers successfully argued that he should have filed sooner and had the case dismissed.
Another case against Porter Hayden was critical in establishing a statute of limitations for wrongful death asbestos lawsuits. A widow of a worker who died after asbestos exposure sued Porter Hayden in the 1980s, testing the statute of limitations.
The court decided it was unfair for the time limit to begin at the time of asbestos exposure. Instead, the court ruled that the statute of limitations should start when a person’s illness is diagnosed and connected to past asbestos exposure.
Porter Hayden also faced legal issues related to Commercial Union, the company’s insurer. Porter Hayden sued Commercial Union for refusing to pay asbestos claims. The two companies reached a settlement after 14 years, and the insurer contributed $15 million to the trust.
Bankruptcy and Asbestos Trust Fund
By 2005, more than 60,000 asbestos-related lawsuits had been filed against Porter Hayden, leading to Chapter 11 bankruptcy.
Within two years, however, the company emerged from bankruptcy and reorganized. Part of the reorganization plan included creating an asbestos trust fund to compensate for pending and future cases.
The Porter Hayden Asbestos Trust Fund, also known as the Porter Hayden Bodily Injury Trust, was created and started accepting claims in 2007.
According to its official site, the asbestos trust fund “was organized to process, liquidate, and pay all valid asbestos personal injury claims for which Porter Hayden Company has legal responsibility.”
The trust was initially funded with $40 million and still accepts asbestos-related claims from those affected by Porter Hayden’s products. The current payment percentage is 1.8%.
A list of approved job sites where Porter Hayden delivered asbestos-containing products can be found on the official website.
States and Occupations Affected By Porter Hayden
The following Mid-Atlantic states were associated with Porter Hayden’s products. The company installed asbestos-containing products at numerous businesses in the following states:
- New York
- New Jersey
- Pennsylvania
- South Carolina
- Maryland
- Virginia
Since Porter Hayden acted as a distributor of asbestos products, the company was responsible for diseases and illnesses due to exposure to the delivered products.
For example, the company is liable for its own employees who manufactured the asbestos insulation. It is also responsible for those who worked around the products, which primarily included:
- Insulation installers
- Insulation repairers
- Construction workers
- Electricians
- Plumbers
- Welders
Any worker who came into contact with Porter Hayden’s products was at risk of inhaling thin, odorless asbestos fibers. When workers repaired or installed the asbestos-containing insulation, they were close to toxic asbestos fibers.
Porter Hayden Today
After filing for bankruptcy and reorganizing, Porter Hayden closed its manufacturing and sales doors. Although the company is no longer open for business, it still handles asbestos-related claims.
What to Do if You Were Exposed to Porter Hayden Asbestos Insulation
If you worked with Porter Hayden products, first contact your doctor. You could be at risk for an asbestos illness like mesothelioma or lung cancer. They can provide screenings and a diagnosis.
If you receive a diagnosis, talk to a mesothelioma lawyer about filing a claim with the Porter Hayden Trust. They might also find other sources of compensation. Most people with asbestos illnesses can hold multiple companies liable for their exposure.
Additional Information and Resources
Remember, if you’ve been diagnosed with an asbestos-related illness, there is a good chance you’ll qualify for considerable compensation. Remember to fill out our form for your free Financial Compensation Packet, with information on asbestos and mesothelioma lawyers in your area.
Paul Danziger
Reviewer and EditorPaul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.
References
- The Tampa Bay Times. (1992, July 31). Asbestos Companies Found Liable for Damages.
Retrieved from: https://www.tampabay.com/archive/1992/07/31/asbestos-companies-found-liable-for-damages/ - Porter Hayden Bodily Injury Trust. (n.d.). About Us.
Retrieved from: http://www.porterhaydentrust.com/about-us.html - Supreme Court of New Jersey. (2000, February 24). Kasimierz Lapka v. Porter Hayden Company.
Retrieved from: https://caselaw.findlaw.com/nj-supreme-court/1010519.html - Court of Special Appeals of Maryland. (1992, September 1). Commercial Union Insurance Company v. Porter Hayden Company.
Retrieved from: https://case-law.vlex.com/vid/commercial-union-ins-co-887776006