Despite Reported Findings Of Pilot Error
Aero-News has learned
the law firm Lieff Cabraser Heimann & Bernstein, LLP -- in
cooperation with the Cyprus law firm Phoebus, Christos Clerides, N.
Pirilides & Associates, of Nicosia and Limassol -- refiled a
lawsuit Tuesday on behalf of the families of victims in the crash
of Helios Flight 522 on August 14, 2005. As ANN reported extensively last
year, the aircraft depressurized while inflight,
causing those onboard to lose consciousness.
Despite reports that officials investigating the accident have
found evidence the plane's pressurization system had not been
properly configured by the pilots at the time the aircraft took off
from Larnaca, Cyprus -- reports that were acknowledged by
the law firm in its announcement -- the law firm is
targeting Boeing, manufacturer of the 737 (incorrectly referred to
as a -200 model by the law firm; it was a newer -300, manufactured
in 1999) involved in the tragic crash.
"While there appears to have been negligence on the part of the
Helios pilots, Boeing was also negligent and shares responsibility
for the passengers' deaths," said Robert L. Lieff, founding partner
of the American law firm.
Specifically, the law firm is targeting Boeing's use of a
warning horn that the lawyers say did not give sufficient warning
to those pilots that something was amiss onboard the six-year-old
aircraft.
The law firm cites the following statement from Hans-Peter Graf,
a former airline commander and investigator in charge at the Swiss
Aircraft Accidents Investigation Bureau who specializes in flight
operation and human factors:
"The checklists that Boeing composed and recommended for the 737
aircraft made it easy for crews to take off and fly with the
pressurization system set incorrectly. The alerts and warnings
given to the crew were inexcusably vague and late. The design and
implementation of a superior system would have cost a minimal
amount."
"Thus, I am firmly convinced that Boeing and its partners played
a substantial role in this crash, and they could have prevented it
with a proper design of the crew alerting system," said Graf, who
has been retained by the law firm for the duration of the
lawsuit.
Listen to an initial report on the
accident, by ANN Contributor Nathan Morley In
Cyprus.
The complaint also alleges that two years before the Helios
accident, in 2003, Boeing communicated to 737 operators that
"flight crews may not recognize the (aircraft pressurization
failure) horn as an alert of excessive cabin altitude."
"Boeing took no corrective action in response to this potential
safety hazard other than ask 737 operators to revise their
manuals," Lieff alleges. "Boeing could have eliminated the
confusion from multiple uses of the same horn by using a vocal
warning or a unique horn, through an inexpensive modification to
the 737 pressurization warning system."
In the days following the Helios crash, Boeing did send notice
to 737 operators worldwide stating the horn sounds for two distinct
reasons that, one could argue, should have been obvious to the
flight crew.
"Confusion between the cabin altitude warning horn and the
takeoff configuration warning horn can be resolved if the crew
remembers that the takeoff configuration warning horn is only armed
when the airplane is on the ground," the notice said. "If
this horn is activated in flight, it indicates that the cabin
altitude has reached 10,000 feet."
Christos Clerides,
whose firm will spearhead efforts to prosecute claims against
Helios itself, is working in partnership with Lieff Cabraser in
representing the families in pursuing Boeing and any other U.S.
manufacturers who may have contributed to the accident. Mr.
Clerides stated, "I am very pleased to take this step forward in
achieving justice for my clients. We intend to make sure that no
responsible party escapes accountability for this horrible
tragedy."
Nigel Taylor, an attorney with Lieff Cabraser based in London
and billed by the law firm as "one of Europe's most experienced
aviation attorneys," stated, "This lawsuit holds out great hope for
the victim families to get fair compensation, and we have an
outstanding team in place to achieve that end."
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