Lawsuit from families of Canadian Forces personnel killed can proceed

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A U.S. judge has denied an aerospace firm’s request to dismiss a wrongful death lawsuit brought by the families of Canadian Armed Forces personnel killed in a 2020 helicopter crash.

Sikorsky Aircraft, a subsidiary of Lockheed Martin, is being sued by the families who allege the company failed to identify a design flaw in the CH-148 Cyclone maritime helicopter which led to the crash on April 29, 2020. The helicopter was on a training mission and returning to the Canadian frigate, HMCS Fredericton, when it crashed off the coast of Greece, killing all six on board.

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The lawsuit alleges that the design flaw in the helicopter caused the flight system to assume control of the aircraft, causing the crash.

“Reflecting a corporate indifference to safety that placed profits first, the Sikorsky defendants – in the face of missed deadlines and financial penalties – cut corners to rush the CH-148 into service,” the lawsuit, filed in Pennsylvania, alleged.

Last year, Sikorsky filed a motion to dismiss the case, arguing that Pennsylvania was not the proper venue.

But U.S. District Court Judge Timothy Savage denied Sikorsky’s dismissal motion.

Although various Sikorsky facilities across the U.S. were involved with the electronic system in question, the judge noted that the company’s facilities in Coatesville, Pennsylvania, played a major role. “The Coatesville facility was touted as the ‘home of the CH-148,’” Savage noted in his Sept. 30 ruling.

“The alleged defective helicopter was upgraded and tested in Coatesville, Pennsylvania for two years before being deemed operational by the Canadian military,” he added.

Killed in the crash were Capt. Brenden Ian MacDonald, Capt. Kevin Hagen, Capt. Maxime Miron-Morin, Sub-Lt. Matthew Pyke, Cpl. Matthew Cousins and Sub-Lt. Abbigail Cowbrough.

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Lawyers for the families did not provide comment about the ruling, which sets the stage for the lawsuit to proceed.

Amanda Hauck, a spokeswoman for Lockheed Martin in Ottawa, said the company does not comment on pending litigation.

Department of National Defence (DND) spokesperson Kened Sadiku said the department has no involvement in the legal action. “We offer our continued condolences to the families, friends and colleagues of those who died in the tragic incident,” he added.

In Sikorsky’s motion to dismiss, the company noted that the DND and its various divisions were closely involved in every aspect of the helicopter’s design, testing and certification.

In June 2020, Canadian Armed Forces investigators ruled out mechanical failure as the cause of the crash and instead shifted the focus to problems with the flight control systems on board the helicopter. The investigative team confirmed that a “bias” or anomaly occurred in the flight control system and that the crew would not have had the experience to deal with that situation. The aircraft did not respond in a way the pilots were expecting, investigators noted.

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Col. John Alexander, director of flight safety, said at a June 2020 news conference that “the accident was unavoidable.” The helicopter was at a low altitude and the crew had little time to respond to the situation. The helicopter slammed into the ocean at high speed.

The Royal Canadian Air Force believes the “bias” in the flight control system was created after a very specific and narrow set of circumstances and computer commands.

Canada had originally ordered 28 Cyclones which were supposed to be delivered in 2008, but the program has been dogged by continual delays and technical issues.

The Conservative government of then-prime minister Stephen Harper looked at cancelling the program but decided to instead re-negotiate the contract with Sikorsky. It laid blame on the Liberals for the problem procurement because the Cyclone contract was awarded by former prime minister Paul Martin’s government in 2004.

The Liberals, however, countered that the mismanagement occurred under Conservative watch, adding that there were substantial penalties in the original contract the Conservative government did not enforce.

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Government documents obtained by the Ottawa Citizen show that the Conservative government could have hit Sikorsky with up to $89 million in fines for missing its deadlines but it decided to waive those penalties.

Instead the government renegotiated with Sikorsky and under a new deal, Canada paid the U.S. aerospace firm $117 million extra for improvements to the Cyclone, as well as changes to the long-term in-service support package for the aircraft.

David Pugliese is an award-winning journalist covering Canadian Forces and military issues in Canada. To support his work, including exclusive content for subscribers only, sign up here: ottawacitizen.com/subscribe

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