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The producer of Rust-Oleum and other types of specialty paints announced recently that it plans to settle thousands of pending and future asbestos injury claims by paying nearly $800 million.
The payment will be made on behalf of its subsidiary, Bondex, which filed for bankruptcy in 2010 amid mounting mesothelioma lawsuits stemming from public use of its asbestos-containing products. The bankruptcy will establish a trust with those funds, and then individuals can file a claim for compensation from that trust.
The process to vet these claims isn’t nearly as arduous as litigation, but it’s still extensive and necessitates the help of an experienced mesothelioma lawyer. To date, there are approximately 60 asbestos bankruptcy trusts established for this same purpose.
In this case, the $800 million settlement ($797.5 million, to be exact) is substantially less than the $1.25 billion that the plaintiffs’ attorneys argued the company should set aside, based on what the firm had paid to plaintiffs in previous settlements. However, it’s far more than the $135 million the company had estimated its asbestos liabilities to be when the bankruptcy was filed. The company argued its previous settlements should not be factored into determining the trust amount because it alleged many were paid out simply to rid the company of nuisance lawsuits. Company attorneys insisted the firm had not conceded liability in most of the claims.
A federal judge sided with the plaintiffs’ attorneys and ordered the company to put $1.2 billion in the trust. At that time, there were 10,000 lawsuits pending. This settlement, if approved, overrides the federal district court judge’s decision, which the company was in the process of appealing.
There was reportedly concern that if RPM, the parent company, had to shell out $1.2 billion, it would have been in jeopardy as well. The settlement, according to inside sources, was a way to compromise and curtail the cost of ongoing litigation.
The product at the source of most of these cases of injurious exposure was an asbestos-containing joint compound, which was frequently used both commercially and by private residents to help fill in drywall gaps.
Asbestos is a mineral that occurs naturally, but it is also a carcinogen known to cause chronic and fatal lung diseases, such as asbestosis, lung cancer, and mesothelioma. Litigation centering on its use by companies throughout the 20th century focuses on the fact that manufacturers knew the product was dangerous, and yet failed to warn consumers or take steps to make the products safer.
Other companies that have established bankruptcy trusts have collectively paid out billions of dollars to resolve these personal injury and wrongful death lawsuits. While the process of securing payment through a bankruptcy trust is less arduous than enduring litigation, the payout tends to be far less than what one might be awarded in a successful lawsuit.
Since people were often exposed to asbestos by more than one source, it’s not uncommon to see numerous defendants in these cases. Therefore, it would not be unreasonable for an asbestos injury plaintiff to file a claim with one or several bankruptcy trusts, and still pursue litigation against other companies.
Per this agreement, reached in the U.S. Bankruptcy Court in Delaware, RPM, based in Medina, Ohio, will submit $450 million upfront in cash to a trust once the federal bankruptcy and district courts approve the Bondex reorganization plan. The remaining $350 million will be submitted over the next four years in the form of either cash, stock, or some combination.
Frequently Asked Questions
Frequently Asked Questions
How do I know if I need a mesothelioma lawyer for my case?
If you’ve been diagnosed with mesothelioma or another asbestos-related disease—or suspect that you were exposed to asbestos in a work setting or through asbestos-containing products—speaking with a mesothelioma lawyer can help clarify your legal rights. At Ferraro Law, we assess the details of your situation, identify companies responsible, and explain the legal process so you can determine if pursuing a claim aligns with your needs.
What can I expect from working with a mesothelioma law firm?
A reputable mesothelioma law firm like Ferraro Law offers more than legal advice—we provide empathy, transparency, and a strategic approach tailored to your circumstances. Our attorneys will gather evidence, consult with medical experts familiar with asbestos-related illnesses, and explore options such as asbestos trust funds. Throughout the legal process, we remain committed to open communication, ensuring you feel informed and supported.
Will I need to go to court if I’m seeking compensation for asbestos exposure?
Not all asbestos cases require a trial. Many mesothelioma lawsuits lead to settlements that fairly address medical expenses, lost income, and other hardships. However, if a settlement isn’t possible, our experienced trial attorneys are prepared to represent you in trial. Ferraro Law’s priority is to help you pursue compensation that encompasses your full experience, whether it’s achieved through negotiation or litigation.
How long does asbestos litigation usually take?
Every case is unique. Timelines depend on factors like the complexity of your mesothelioma diagnosis, how quickly we can identify liable parties, and the responsiveness of the defense. While some matters resolve in months, others may take longer. At Ferraro Law, we keep you informed at every turn, providing realistic expectations and ongoing guidance so you never feel lost in the legal process.
How can a mesothelioma law firm help me handle the financial burdens of my illness?
From paying medical bills to lost wages, patients diagnosed with mesothelioma or other asbestos-related disease often face significant financial pressure. Our legal representation focuses on securing the resources you need, whether through mesothelioma settlements, compensation from asbestos trust funds, or, if necessary, court-awarded damages. By holding companies responsible for unsafe conditions and negligence, we strive to ease your financial burdens so you can focus on your health and treatment.
How do I know if my asbestos exposure is connected to my mesothelioma diagnosis?
Establishing a link between asbestos exposure and a mesothelioma diagnosis often involves examining your work history, living conditions, and any direct contact with asbestos containing products. At Ferraro Law, our team will gather evidence, review employment records, and consult with medical experts to confirm exposure sources. This thorough investigation helps us demonstrate the role asbestos-related factors played in your illness, which is essential for building a solid legal claim.
Is it too late to file a mesothelioma claim if I was diagnosed years ago?
Each state has its own statute of limitations affecting how long after an asbestos-related diagnosis you can file a claim. Even if years have passed, it may still be possible to pursue asbestos lawsuits or tap into available asbestos trust funds. Ferraro Law’s attorneys stay informed on these deadlines and will assess your case to determine the best path forward, ensuring you don’t miss an opportunity to seek compensation.
What if I’m not sure which companies are responsible for my asbestos exposure?
Identifying companies responsible for your asbestos exposure can be complex, especially if decades have passed since you were first exposed to asbestos. We conduct in-depth investigations, consult industry records, and utilize established databases on known asbestos companies. By pinpointing all liable parties, we can build a case that reflects the full scope of their responsibility and work to achieve a favorable outcome.
Can a mesothelioma law firm assist if my loved one passed away from asbestos-related illness?
Yes. If your family member died due to asbestos related disease, including conditions like mesothelioma cancer, you may have grounds for a wrongful death lawsuit. Ferraro Law’s empathetic attorneys understand the emotional toll this situation places on families. We’ll guide you through the legal process, help you understand your rights, and pursue compensation that acknowledges both the personal loss and financial burdens you’ve endured.
How do mesothelioma settlements differ from other forms of compensation?
Mesothelioma settlements are agreements reached between your mesothelioma law firm and the liable parties’ representatives. Unlike a trial verdict, which involves a judge or jury, settlements are negotiated resolutions. They often provide a more predictable and timely way to cover your medical bills, living expenses, and other losses. At Ferraro Law, we negotiate from a position of strength, aiming for a settlement that genuinely reflects your needs. If a fair agreement cannot be reached, our seasoned trial attorneys are prepared to seek justice in court.
Will hiring a mesothelioma lawyer add to my financial strain?
We understand the financial worries that come with asbestos exposure and a serious diagnosis. Ferraro Law operates on a contingency fee basis, meaning you owe nothing unless we achieve a successful outcome. This arrangement removes immediate cost barriers and allows you to focus on your well-being, knowing you have dedicated, risk-free legal representation on your side.
Can Ferraro Law handle my case if I live outside of Florida?
Absolutely. We represent clients nationwide. Our extensive experience in complex litigation and specialized claims means that we can effectively advocate for your rights, no matter where you live.
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When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
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Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
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Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
Nikki Hurtado was my first primary contact. After speaking with her I knew that I had picked the right firm. She walked me through the process in plain understandable language. Even after numerous calls, she never made me feel like I was asking too many questions, and I always felt confident that my case was in expert hands.
My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
Keeth K.
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