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MV-22 Osprey — Our Firm Retained By The Families Of Eight Marines
Kreindler & Kreindler LLP has been retained by the families of eight Marines killed in the April 8, 2000 crash of an MV-22 "Osprey" in Marana, Arizona. Tragically, another Osprey crashed in North Carolina on December 11, 2000, killing four more Marines. Our firm is investigating the circumstances of both crashes.
The firm has taken an active role in focusing public and political scrutiny on the Osprey program. Out of a fleet of 15 Ospreys, 4 have now crashed, killing over 30 crew and passengers.
To ensure that the dangers and limitations of the Osprey are properly addressed by the aircraft's manufacturers, Bell-Textron and Boeing, our firm has worked closely with the media and also raised important safety concerns directly with our government, including members of the Senate and House Armed Services Committees, the Secretary of Defense and the Justice Department. We have joined with government officials who have called for a total reevaluation of the Osprey program. See attached letter. We are also leading an effort to obtain the disclosure of documents and information from the Marine Corps.
On January 21, 2000, the CBS program "60 Minutes" aired a segment concerning the safety of the Osprey. Our firm worked closely with the 60 Minutes' producers and reporter Mike Wallace to provide key documents, video footage and insight to ensure that the personal tragedy suffered by the families we represent was not ignored. Our client, Donna Harter, mother of crew chief Kelly Keith, was interviewed. She spoke from her heart and communicated an important message on behalf of all the families: make the aircraft safe now before another Marine is killed.
Unfortunately, there has been much disinformation concerning the aircraft and the recent crashes. Because of the risk of losing this $40 billion dollar program, it appears that tremendous pressure has been exerted by various interested parties, including members of the military and Bell/Boeing, to divert attention away from the aircraft's flaws.
Indeed, on January 18, 2001, the Commandant of the Marine Corps, General James Jones, revealed that the Osprey's test unit commander had been relieved of duty and that an investigation was underway to address claims that the commander ordered his maintenance personnel to lie about the aircraft's safety.
In addition, the available evidence that we have reviewed indicates that the official investigation of the Marana disaster attempted to hide the plane's flaws by pinning blame on the pilots. But our assessment of that evidence leads to the conclusion that Bell/Boeing failed to advise the Marines of the risk of a sudden and unrecoverable loss of control under routine flight conditions.
With the proprotors placed side by side as on a twin engine aircraft, the aircraft can experience an asymmetrical lift condition that destabilizes and flips the aircraft upside down. This is known as asymmetric power settling or vortex ring state. If this happens near the ground, a catastrophic and fatal crash will occur. The seriousness of this danger was unknown to the Marine Corps and its pilots. The pilot's flight manual (NATOPS) does not address the risk of power settling on the tilt-rotor aircraft, or the possibility of asymmetric (one-sided) power settling. No emergency procedure is provided. We cannot believe, however, that after nearly two decades of study by its engineers and test pilots that Bell/Boeing did not know of the unique dangers posed by the Osprey's design.
A recently released Pentagon report found that power settling in the Osprey is "extreme," may occur "without warning" and is "potentially unrecoverable." By contrast, power settling that occurs on helicopters is a known and obvious condition from which a recovery can easily be performed by the pilot.
Testing conducted since the April Marana crash shows that the danger of a sudden loss of control exists in the very situations that the Marine Corps planned to use the Osprey (night/nvg/loaded with troops in hostile environs). The conclusion suggested by the tests is that the Osprey as currently designed is unsafe for its mission.
Partners Frank Fleming and Brian Alexander are handling these cases for the firm. Mr. Fleming is a Marine Aviator who flew CH-53 helicopters in Vietnam. Mr. Alexander is an Army Aviator who has experience in a variety of rotorcraft and fixed wing aircraft.
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