Settlement Challenged in Takata Air Bag Case

Attorneys for the plaintiffs in the case against Takata airbag manufacturers (Takata Corp.) are calling for a delay in the finalization of the $1 billion settlement in the suit.

The Pope McGlamry attorney, working on behalf of plaintiff Shonda McCall, stated in his court filing that…

“the proposed plea agreement is wrought with unnecessary factual assertions many of which are simply mischaracterized and/or not accurate. These unnecessary and inaccurate assertions of fact which are not true will then be used in other proceedings as a shield to civil liability for victims of exploding Takata airbags.”

The McCall case is pending in Clayton County Superior Court in Georgia.

What’s the issue with Takata Air Bags?

The airbags manufactured by Takata suffered from numerous defects.

  • Ammonium Nitrate Functionality

    The airbags’ inflators relied on ammonium nitrate, an explosive chemical not typically used in airbags, which can degrade over time with exposure to ambient moisture.

  • Faulty Inflators

    According to court filings, the inflators themselves were “faulty, inferior, non-performing, non-compliant, or dangerous.”

  • Over-Inflation

    The bags can also over inflate and send metal shards into both drivers and passengers.

These sometimes lethal problems were hidden from the public by Takata and various vehicle manufacturers for over 15 years. 11 people have died in the U.S. alone.

Takata Airbag Settlement

The settlement provides for $850 million to be paid to auto manufacturers who used the airbags, but attorneys argue that the manufacturers were just as complicit in concealing the hazards of Takata airbags.  They claim that manufacturers such as Honda and Toyota were fully aware of the risks, but chose the defective airbags because they were less expensive.  ”To describe any of the automakers, especially Honda, as victims is grossly unfair,” said Willingham.  In his filing, he also added that “[t]he inaccurate statements contained in the plea agreement will assuredly be utilized by the automobile manufacturers in an attempt to exonerate or defend themselves from responsibility for the conduct at issue.”

Contact Pope McGlamry

Pope McGlamry has been fighting for those injured or killed by negligently defective products for years.  If you or a loved one have suffered injuries due to a flawed product, such as a Takata airbag, contact Pope McGlamry at 877-285-7656 for a free review of your case.

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Jay F. Hirsch

Jay Hirsch graduated from Tulane University in 1983 and from the University of Georgia School of Law in 1986.  Mr. Hirsch joined Pope McGlamry (originally Pope, Kellogg, McGlamry, Kilpatrick & Morrison) in August 1986 and practices primarily in the areas of personal/financial injury and wrongful death arising from negligence, product liability and fraud. Hirsch’s current […] Full Bio

R. Timothy Morrison

Tim Morrison graduated from the University of Alabama in Birmingham with a B.S. in 1972 and a J.D. from the University of Alabama in 1976. He was a member of the University of Alabama Law Review from 1975-1976. Following his graduation from the University of Alabama, Morrison clerked for Justice Janie L. Shores, Alabama Supreme […] Full Bio