Clapper, Patti, Schweizer and Mason

In 1962, Pittsburgh-Corning Corporation began the manufacture of Unibestos, an amosite asbestos insulation product.   Pittsburgh-Corning bought the Unibestos product line and the Tyler, Texas Unibestos plant from the Union Asbestos and Rubber Company. 

Unibestos was distinguished from most other asbestos insulations by its brown color and prickly texture.   It had a far higher asbestos content than most other asbestos containing insulations.   Workers who used the product recall that long amosite asbestos fibers could pierce the skin when the product was handled.  When cut by applicators in the field, Unibestos was especially dusty.   Pittsburgh Corning discontinued manufacturing Unibestos in 1972.

Even before buying the plant and the Unibestos product line, Pittsburgh-Corning was warned about the  hazards of asbestos dust by Dr. Richard Gaze, who was the chief scientist for the South African company that supplied the amosite asbestos for Unibestos.   The link between exposure to asbestos and development of mesothelioma, asbestosis and lung cancers was becoming clearly substantiated. Mesothelioma is the deadliest disease caused by asbestos, and has no known cure.  Symptoms of the disease do not begin to appear until ten to forty years after exposure. 

Dr. Gaze continued to warn Pittsburgh Corning about asbestos hazards throughout the 10 years that it manufactured the product.  Nevertheless, Pittsburgh-Corning sold the product without a warning for years.   When customers asked about potential hazards from using the product, Pittsburgh Corning soft-pedaled the dangers, denying that the dust caused from use of the product was hazardous, and admitting only that the dust caused may cause “worker discomfort.” 

From 1964 to 1971, Pittsburgh Corning hired an industrial hygiene expert to make recommendations about reducing asbestos exposures at the plant, but his recommendations were largely ignored.  The Tyler, Texas plant manager died of mesothelioma in 1970.   NIOSH inspections at the Tyler plant in 1971 exposed inadequate safety precautions that were putting plant personnel at risk.  A class action lawsuit brought by mesothelioma attorneys on behalf of 445 employees of the Tyler Texas plant was settled for $20 million in 1977. 

Pittsburgh Corning filed for bankruptcy in 2000, facing tens of thousands of lawsuits from people suffering from asbestos related diseases.   These lawsuits were filed by people who were exposed to Unibestos on Navy ships, in shipyards, refineries, power plants, steel mills, and elsewhere.  

After nine years in the Bankruptcy Court, a Third Amended Plan of Reorganization was approved.    Pursuant to the plan, PPG Industries, an affiliate and 50% shareholder of Pittsburgh Corning, will contribute hundreds of millions of dollars into a trust for asbestos victims over several years.   PPG’s insurers are expected to contribute as much as $1.6 billion through 2027.   

It is anticipated that the trust will begin accepting claims from asbestos victims in late 2010.  Clapper, Patti, Schweizer & Mason will be filing claims for all of their eligible mesothelioma clients and their families.