EaglePicher Industries Inc.

EaglePicher Industries’ History With Asbestos

EaglePicher Industries began using asbestos after its founding in 1916 when Oliver Picher’s mining business merged with Eagle White Lead to focus on zinc, diatomaceous earth and storage batteries. World War II increased demand for EaglePicher products, especially batteries for the military. 

Asbestos entered the picture as the company sought minerals that offered strength and resistance to heat and fire. This made it the material of choice for insulating ships and vehicles in military applications. EaglePicher dug and used asbestos in its products until the mid-1970s, putting thousands of workers and installers at risk of harmful asbestos exposure and related health problems like mesothelioma. 

Lawsuits followed as individuals began to seek accountability for illnesses associated with EaglePicher’s asbestos-containing products. The company reorganized twice in 1991 and 2009, then OM Group Inc. (now Vectra) bought EaglePicher in 2010 and sold most of its subsidiaries.

Today, EaglePicher Technologies supplies power solutions for defense, aerospace and medical clients. In 2017, the business expanded when it acquired Lithiumstart Inc., a San Francisco manufacturer of lithium ion Energy Storage Systems.

Lawsuits, Settlements and EaglePicher’s Asbestos Trust Fund

The company established the EaglePicher Industries, Inc. Personal Injury Settlement Trust in 1996 after facing thousands of lawsuits. Bankruptcy court created the trust after EaglePicher filed for bankruptcy protection in 1991 while facing more than $2.5 billion in such claims. 

The trust currently pays 35% of the gross settlement value to people who file a claim, a percentage approved in November 2023 that stands out as higher than most other asbestos trusts. Claimants usually receive payments about 30 days after sending a signed release. For claims after a death, the trust needs a death certificate and legal proof of who handles the estate.

Lawsuits against EaglePicher began as early as 1982, with asbestos litigation from people diagnosed with lung cancer, asbestosis and mesothelioma. By 1991, U.S. District Judge Jack B. Weinstein suspended cases involving 70,000 plaintiffs. 

The company listed $583 million in liabilities including $375 million specifically for asbestos claims. Over the years, EaglePicher settled 65,000 claims for about $600 million before the 1991 bankruptcy transferred remaining claims to the court, ultimately leading to the creation of the trust fund.

Charles Press v. EaglePicher

One well-known case involved Charles Press, a U.S. Navy sheet metal worker. From 1941 to 1979, Press worked at the Philadelphia Naval Shipyard and was regularly exposed to asbestos insulation products. EaglePicher and other companies manufactured these asbestos-containing products.

In 1979, Press and his wife Thelma filed a lawsuit against EaglePicher and 21 other manufacturers to recover the costs of his asbestos-related disease. He passed away 4 years later, but his widow pursued the suit and won.

In 1984, EaglePicher and 7 other defendants were ordered to pay $575,000 to Thelma Press. She received $68,000 from EaglePicher.

Establishment of EaglePicher Asbestos Trust

EaglePicher created its asbestos trust fund in 1996 during a company reorganization to handle current and future asbestos claims. The company funded the trust with $397 million in cash, shares of the reorganized company and other payment promises that provide future cash over time to cover the trust’s costs and pay claimants.

Bankruptcy Judge Burton Perlman oversaw the case that set EaglePicher’s total asbestos liabilities at $2.5 billion, much higher than the $1.65 billion the company and some creditors proposed. The trust began accepting claims on August 1, 1997. Despite these efforts, EaglePicher faced new asbestos and environmental claims that caused more than $500 million in additional debt and led to a second bankruptcy filing in 2005.

Asbestos-Containing Products from EaglePicher

EaglePicher primarily used asbestos as a key ingredient in its insulation products. However, the company also produced many other construction materials containing asbestos.

Common EaglePicher Asbestos Products

• Cement brands: 43 Insulating Cement, Hylo Finishing Cement, One-Cote Insulating Cement and Super 66 Insulating Cement
• Insulation brands: Hylo Block and Supertemp Block
• Other construction materials: fire-and water-resistant jacketing, fireproofing, house paints, low-pressure covering, mineral wool and triple-slide windows
• Pipe insulation: Eagle-Picher Pipe Covering and Hylo Pipe Covering
• Weatherproofing brands: Insulseal, Spray-Mastic, Stalastic and Swetcheck B

Use of these products exposed workers and consumers to toxic asbestos fibers that can cause serious illnesses such as mesothelioma, lung cancer and asbestosis. Anyone who worked with or near these asbestos-containing products faces long-term health risks.

EaglePicher Jobs With Highest Risk of Asbestos Exposure

Many workers across a variety of job types may have encountered EaglePicher asbestos products during their careers. Most individuals exposed to asbestos from these products worked in construction-related fields.

Occupations at Risk of Exposure to EaglePicher Asbestos Products

• Bricklayers
• Drywall installers
• Insulators
• Petrochemical workers
• Power plant workers
• Railroad workers
• Roofers
• Shipyard workers

According to the EaglePicher Industries Settlement Trust, more than 6,500 employers are presumed to have used the company’s asbestos products. Asbestos-containing insulating materials were used on U.S. Navy ships during World War II to reduce fire hazards. Because EaglePicher supplied the military, many service members also faced risks of asbestos exposure from these products.

Recommended Reading