Introduction
For decades, asbestos was considered a miracle material. Resistant to heat, corrosion, and electricity, it became a staple in industries ranging from construction to automotive manufacturing. One of its most common uses was in brake pads and linings, where it provided durability and heat resistance under the pressure of constant friction.
However, as scientific evidence mounted linking asbestos exposure to deadly diseases like mesothelioma, asbestosis, and lung cancer, manufacturers faced a wave of lawsuits from affected individuals. In response, many declared bankruptcy and established asbestos trust funds to compensate victims, including those exposed through brake pad use.
This article explores the history of asbestos in brake pads, identifies key asbestos trust funds that cover such exposure, and offers guidance on how to file a claim.
The History of Asbestos in Brake Pads
Why Asbestos Was Used
From the 1920s through the late 1980s, asbestos was a primary ingredient in brake linings and clutch facings. Its resistance to heat made it ideal for friction-heavy applications. Workers who manufactured, installed, or repaired these components were frequently exposed to asbestos dust, especially when grinding or blowing out brake drums.
Common Exposure Scenarios
- Automotive mechanics: Often worked in poorly ventilated environments where they sanded, filed, and cleaned brake parts.
- Factory workers: Inhaled airborne fibers in plants producing brake components.
- Consumers: Some at-home mechanics were exposed while doing their own brake work.
A 2009 EPA report found that asbestos dust released during brake and clutch repair could persist in the air and settle on clothing, making secondhand exposure a concern (EPA.gov).
The Health Consequences of Brake Pad Exposure
Asbestos exposure, even in small quantities, can lead to serious diseases. The most common illnesses linked to brake pad exposure include:
- Mesothelioma: A rare, aggressive cancer of the lung lining caused solely by asbestos.
- Asbestosis: A chronic lung disease caused by scarring from inhaled fibers.
- Lung Cancer: Especially among smokers exposed to asbestos.
- Pleural Plaques and Effusions: Thickening and fluid buildup in the lungs.
Symptoms of these illnesses often do not appear until decades after exposure, making early detection and compensation critical.
Major Asbestos Trust Funds Covering Brake Pad Exposure
Many major corporations that produced asbestos brake components filed for bankruptcy protection and established trust funds to ensure victims could still be compensated. Here are the key trusts relevant to brake pad exposure cases:
1. Pneumo Abex Asbestos Claims Settlement Trust
Company: Abex Corporation
Exposure Years: 1926–1987
Trust Established: 2011
Initial Funding: ~$307 million
Pneumo Abex was a major supplier of asbestos-containing brake pads and linings. The trust compensates former auto workers, mechanics, and military personnel exposed to Abex products.
2. Federal-Mogul Asbestos Personal Injury Trust
Company: Federal-Mogul Corporation (includes subsidiaries like Ferodo, T&N Ltd.)
Bankruptcy Filed: 2001
Trust Funds: FMP Subfund, T&N Subfund
Compensation: Up to $100,000 for mesothelioma (expedited claims)
Federal-Mogul was a global leader in friction products. The trust processes claims based on exposure to their brakes and related components.
3. Motors Liquidation Company Asbestos PI Trust (General Motors)
Company: General Motors (now Motors Liquidation Company)
Bankruptcy Filed: 2009
Compensation: Based on disease severity and exposure verification
General Motors incorporated asbestos in brake and clutch parts until the mid-1980s. Their trust fund covers claims for seven asbestos-related illnesses, including mesothelioma and lung cancer.
4. Garlock Sealing Technologies Trust
Company: Garlock Sealing Technologies (a manufacturer of gaskets and brake materials)
Trust Funding: $480 million
Claim Type: Evidence-based and expedited review options available
While Garlock was more known for gaskets, many mechanics were exposed to their asbestos-containing brake insulation products.
Source: Garlock Trust Distribution Procedures
The Claims Process: How to Apply for Compensation
To receive compensation from an asbestos trust fund, claimants must follow a standardized process that typically includes:
Step 1: Medical Diagnosis
A qualified physician must confirm a diagnosis of an asbestos-related disease using accepted medical criteria, such as imaging scans or biopsy results.
Step 2: Exposure Evidence
Claimants must provide documented evidence of exposure to the company’s asbestos-containing products. This could include:
- Employment records
- Work affidavits
- Witness statements
- Military service documentation
Step 3: Submit Claim Forms
Each trust has its own claim form and requirements. Many offer:
- Expedited Review: Standardized payout amounts and quicker decisions
- Individual Review: Custom evaluations, potentially higher payouts, but longer wait times
Step 4: Receive Compensation
If approved, payment is issued according to the trust’s current payment percentage (often 20–30% of the claim’s total value due to limited funds).
Real-Life Case Studies
Case 1: Auto Mechanic Diagnosed with Mesothelioma
John D., a former dealership mechanic in Michigan, worked on brake systems from 1970–1985. Diagnosed with mesothelioma in 2017, he filed claims against the Federal-Mogul, GM, and Abex trusts. With legal help, he secured:
- $90,000 from Federal-Mogul
- $75,000 from GM
- $60,000 from Pneumo Abex
Total Compensation: $225,000
Case 2: Military Veteran Exposed in Motor Pool
James T., a Navy veteran who worked in the motor pool during the 1970s, filed successful claims for brake pad exposure from GM and Garlock products. His total award was $180,000, covering medical bills and lost income.
Legal Trends and Court Rulings
Over the past 20 years, U.S. courts have seen thousands of lawsuits from mechanics and factory workers who developed asbestos-related diseases due to brake pad exposure. Key legal trends include:
- Shift from litigation to trust fund claims: Most major manufacturers have entered bankruptcy and established trusts, reducing traditional lawsuits.
- Secondary exposure lawsuits: Courts increasingly allow claims from family members exposed via contaminated clothing.
- Product identification: Plaintiffs must now clearly identify the specific brands they worked with, often using deposition testimony and job records.
Reference: Rand Institute for Civil Justice Study on Asbestos Litigation
Financial Overview of Trust Funds
As of 2024, over $30 billion remains available in U.S. asbestos trust funds. Payments are scaled according to:
- Type of disease
- Level of exposure
- Trust’s available funds
Typical payouts:
| Disease | Average Compensation | Trust Payment Percentage |
|---|---|---|
| Mesothelioma | $100,000–$250,000 | 20–30% |
| Lung Cancer | $50,000–$100,000 | 15–25% |
| Asbestosis | $10,000–$50,000 | 10–20% |
Note: Claimants may file against multiple trusts, potentially collecting from several companies for the same exposure period.
Preventing Future Exposure
Despite regulatory bans and improved safety, older brake pads still pose risks. The Occupational Safety and Health Administration (OSHA) and EPA recommend the following precautions:
- Use HEPA-filtered vacuums instead of compressed air
- Wet wipe and seal work areas
- Wear NIOSH-approved respirators
- Dispose of old brake components in labeled asbestos waste containers
Educational campaigns are also targeting home mechanics, who may unknowingly disturb asbestos-containing parts in vintage or imported vehicles.
Source: EPA Best Practices Guide
The Future of Asbestos Trust Fund Reform
Several reform efforts are underway:
- FACT Act (Furthering Asbestos Claim Transparency Act): Would require trusts to publicly disclose detailed claim information, though privacy advocates oppose it.
- Digital claim systems: Trusts are increasingly moving to secure online portals for faster claim processing.
- Third-party claim audits: Some trusts now conduct random audits to detect fraudulent or duplicate claims.
Conclusion
Asbestos exposure from brake pads has tragically impacted generations of workers and veterans. While asbestos is no longer widely used in automotive manufacturing, its legacy lives on through the many individuals suffering from related illnesses. Thankfully, asbestos trust funds offer a path to justice and compensation.
If you or a loved one worked with brakes before 1990 and have been diagnosed with an asbestos-related illness, you may be eligible to file a claim with multiple trust funds. Seeking legal guidance from experienced asbestos attorneys can maximize your claim potential and help secure the compensation you deserve.
