GM Recall Scandal – More Evidence on Who Knew What, When


GM Recall Scandal – More Evidence on Who Knew What, When

November, 2014

The GM Recall Defense yarn continues to unravel.

The Wall St. journal reports:“General Motors Co. ordered a half-million replacement ignition switches to fix Chevrolet Cobalts and other small cars almost two months before it alerted federal safety regulators to the problem, according to emails viewed by The Wall Street Journal.”  See

The NY Times reports:

“Nearly two months before notifying federal regulators and the public that it was recalling cars with a dangerously defective ignition switch, General Motors placed an urgent order for 500,000 replacement switches, emails to its supplier Delphi Automotiveshow.

The emails were sent on Dec. 18, 2013, a day after a crucial committee met to discuss the switch issue but declined to order a recall. Despite the official inaction, a G.M. employee sent an email to Delphi the next day requesting the half-million replacement parts for “an urgent field action for our customers.””   See

http://www.nytimes.com/2014/11/11/business/gm-ordered-replacement-ignition-switches-months-before-recall.html

The truth continues to become known raising additional questions about who knew what, when at GM and NHTSA.  These email dates closely coincide with resignations by GM Chairman and CEO Dan Akerson and NHTSA Administrator David Strickland’s Revolving Door decision and the elevation of Mary Barra to be GM CEO.
Lou

 

Airbag Recalls – Your Chance to Vote at USA Today


Airbag Recalls – Your Chance to Vote at USA Today

November, 2014

Dear Care for Crash Victims Community Members:

A great editorial in USA Today gives its readers a chance to agree or disagree.  Readers have a chance to agree with Editors and to disagree with NHTSA (my recommendations).

Care for Crash Victims Community Members have the expertise and knowledge to cast informed votes.  I encourage you to do so here.

VOTE FOR USA TODAY Editorial Here

This is an important way to let your views be known by many people worldwide.  As it is now many of us are in mortal danger of improper safety management decisions in government and corporations.  Please help build a Safer America.

Lou

 

U.S. Senators Call on President Obama to Nominate New NHTSA Administrator for Safety Reform


U.S. Senators Call on President Obama to Nominate New NHTSA Administrator for Safety Reform

November, 2014

Dear Care for Crash Victims Community Members:

Please see Press Release and Letter to President Obama that follows:

FOR IMMEDIATE RELEASE

 

Contact: Giselle Barry (Markey) 202-224-2742

Josh Zembik (Blumenthal) 202-224-6452

Ryan Brown (Nelson) (202) 224-1679

 

Senators Markey, Blumenthal & Nelson Call On Obama To Consider Safety Reform and Priorities When Nominating New NHTSA Administrator

 

Washington, D.C. (November 12, 2014) – Senators Edward J. Markey (D-Mass), Richard Blumenthal (D-Conn.) and Bill Nelson (D-Fla.) today sent a letter urging President Obama to review and reform the National Highway Traffic Safety Administration’s (NHTSA) safety mission when nominating its new Administrator. In the letter, the Senators urge President Obama to encourage and empower the new NHTSA administrator to take five key steps to improve public confidence in NHTSA: 1) improve transparency, 2) curtail regional recalls, 3) take dangerous cars off the road, 4) end voluntary service campaigns for safety defects, and 5) ensure sufficient resources for the agency. The Senators highlighted the recent Takata airbag recall, the GM ignition switch recall and the urgent need to reform NHTSA’s Early Warning Reporting (EWR) system.

 

“We believe this is an opportunity to improve NHTSA’s safety mission by providing the agency with strong leadership and reforming some of its practices,” write the Senators in the letter to President Obama. “NHTSA must alter its practices to require automakers to publicly release more information about accidents that could be caused by safety defects, upgrade its own safety databases, and do a better job of enforcing compliance with transparency measures intended to provide early warnings about potentially dangerous defects to the public.”

 

A copy of the letter to President Obama can be found HERE.   

 

This month, Senators Blumenthal and Markey called on the Department of Justice to open an investigation of Takata. And in October, Markey and Blumenthal sent a letter to U.S. Secretary of Transportation Anthony Foxx urging NHTSA to provide clearer guidance to drivers with potentially defective Takata airbags, and to urge NHTSA to issue an immediate nationwide recall on all-affected cars. Earlier last month, Blumenthal and Markey also called on David Friedman, the Acting Administrator for NHTSA, about NHTSA’s Early Warning Reporting system and the efficacy of the regional recalls.

 

In March, following the recall of more than a million GM vehicles after dozens of deaths and injuries, Senators Markey and Blumenthal introduced legislationto ensure auto manufacturers provide more information about incidents involving fatalities to NHTSA. The legislation, the Early Warning Reporting System Improvement Act, would require NHTSA make the information it receives from auto manufacturers publicly available in a searchable, user-friendly format so that consumers and independent safety experts can evaluate potential safety defects themselves.

 

###

Here’s hope for a Safer America.

Lou

 

Senate Hearing on NHTSA: Does Money & Power Corrupt & Endanger Us All?


Senate Hearing on NHTSA: Does Money & Power Corrupt & Endanger Us All?

November, 2014

Dear Care for Crash Victims Community Members:

Who is responsible?

Takata, GM, Jeep, Toyota and other vehicle defects (including defective Trinity guardrails under DOT FHWA responsibility) occurred since the year 2000.  
So since 2000, who have been in positions of power to influence DOT NHTSA auto safety policies and practices?  Seehttps://www.careforcrashvictims.com/blog-lastdecade.php
If the DOT NHTSA has been driving under the influence of powerful interests since 2000, is it any wonder that deadly defects occurred and persist to this day?  Millions of defective vehicles are still on U.S. roads endangering us all.
Tests of NHTSA’s Corporate Captivity
*  Why won’t NHTSA simply publish crash fatalities and fatality rates by auto manufacturer each year?  GM alone is involved in about 10,000 crash fatalities each year in the U.S.A.
*  Why won’t NHTSA simply set a national goal to rescue crash victims and get them to definitive emergency medical care within the Golden Hour by 2020?  Within a decade? *  Why won’t NHTSA simply count unborn babies that die with their mothers in crashes?
Money and Secrecy Corrupt Safety & Justice

DETROIT (Bloomberg) — Confidential settlements over defective Takata Corp. airbags are sealing off relevant information that other victims could use to pursue injury claims.

The accords make financial sense for the settling parties, but Takata and other defendants, including Honda Motor Co., General Motors Co. and Fiat Chrysler Automobiles NV, get an extra advantage in keeping damaging information out the hands of outsiders interested in suing them.

The quick, secret deals — a cornerstone of product liability litigation across industries — help explain why, years after the first recalls, so much remains unknown about defects linked to four deaths in the U.S. The few cases filed have generally been resolved before victims’ lawyers acquired evidence.  Source:

http://www.autonews.com/article/20141117/OEM11/141119863/airbag-settlements-keep-details-from-other-victims-of-accidents

GM Victim’s “Compensation” Program – Keeping It $hort
GM Feinberg program extended for countless victims by just 1 month.  Automotive News finds victim that GM knew about but the victim did not know about the program.

“”I believe that the many efforts to reach all possible GM automobile owners, former owners and others who might have been adversely impacted by a defective ignition switch have been both comprehensive and effective,” Feinberg’s statement said.

“There will always be some individuals who do not receive formal notice and are generally unaware of available compensation.  But such individuals appear to be very few in number.”

In its statement, GM said: “We agreed with Ken Feinberg’s recommendation to extend the compensation program deadline. Our goal with the program has been to reach every eligible person impacted.”

One of them was Jamie Frei — a 20-year-old Marine when his Chevrolet Cobalt hit a tree north of Philadelphia in December 2006. The airbag failed, and he spent 29 days in a coma before waking up and learning how to walk again.

Page 130

Frei’s name appeared on pages 130 and 131 of the lengthy report detailing GM’s internal investigation into faulty ignition switches on his and 2.6 million other cars, though it was blacked out in the publicly released version of the report. His accident was denoted by a small diamond on a graph prepared for the GM executives who approved a recall in January.

On another page, his injuries were classified as “moderate.”

But Frei says he didn’t know GM had established a compensation fund for people injured or killed in crashes linked to the ignition switches until he was contacted last week by an Automotive News reporter.

“I had no idea,” said Frei, who eventually recovered enough that the military deployed him to Afghanistan. “I haven’t heard from [GM] since 2008.”

That’s when Frei agreed to a settlement with the automaker, court records show. Under the compensation program being administered by lawyer Kenneth Feinberg, Frei could be eligible for a much larger amount: $385,000, based on the length of his hospital stay.

Hints last week

Sunday night’s announcement came after Feinberg hinted last week that he is considering extending that deadline and doing more to contact potential victims who haven’t filed a claim, in response to requests last week from lawyer Bob Hilliard and safety advocate Clarence Ditlow. 

Hilliard has submitted numerous claims to Feinberg, whom he described as being fair in decisions returned so far. On Wednesday, Hilliard was hired by the family of Jean Averill, a Connecticut woman whose 2003 death was among the first 13 fatalities that GM linked to the defect. Averill’s family didn’t know of the connection until informed this month by The New York Times, which Hilliard called “stunning,” given that the family has lived on the same fruit farm for 10 generations.

GM said on Friday that it has since contacted Averill’s family, attributing the delay to the fact that the 2004 claim related to her crash had come from an insurance company. Spokesman Jim Cain said GM has worked aggressively to notify owners of the affected cars about the recall and the compensation fund, with the latest round of 5.3 million letters from CEO Mary Barra set to go out this week.

“Extensive effort” 

“It’s been a really extensive effort,” Cain said. “Our goal here is to reach everyone who has a potential claim to invite them to participate.”

Feinberg had received 1,851 claims, including for 202 deaths, and approved 67 of them as of Nov. 7.

GM also turned over its claim files to Feinberg, who has mailed forms as well, but Hilliard said Dec. 31 is too soon to shut people out.

“There’s absolutely no reason not to keep the fund open for another year. It’s just an arbitrary date,” Hilliard said.

“When I see a Cobalt at the gas station, I go up and say ‘Do you know your car’s been recalled?’ and nobody does.”  Source:

Elections have consequences for people, parties, and our future safety.
In this past week’s elections, money (highest ever) and message (or lack thereof) contributed to a shift in control of the Senate from Blue States to Red States.  The people who will die or suffer serious crash injuries are more likely to die in Red States.  (Fatality rates are generally higher in Red States than Blue States based on 2012 data).  See attached State rankings.
So if money can be outweighed by public safety interest and message, then the public interest may be advanced in safety with bipartisan support.  Based on Nader’s thoughts in his new book Unstoppable, neither Republicans, Democrats, nor Independents want to die of crash injuries at the higher rates found in Red States.
Lou

 

Pressure Builds on NHTSA and NHTSA Issues Special Order to Honda


Pressure Builds on NHTSA and NHTSA Issues Special Order to Honda

November, 2014

Dear Care for Crash Victims Community Members:
Pressure Builds on NHTSA

The Des Moines Register Editors wrote:

“For 10 months, NHTSA has operated without a full-time director. David Strickland, the last man to hold the job, left the agency to work for a law firm that represents Chrysler. Three of his predecessors at NHTSA followed that same path to auto industry defender.

The Obama administration needs to get in gear and name a new director who has a strong background in consumer advocacy and who doesn’t see the job as a mere stepping stone to a more lucrative job in Detroit.”  See  http://www.desmoinesregister.com/story/opinion/editorials/2014/11/03/registers-editorial-david-friedman-national-highway-traffic-safety-administration/18394701/

On October 15, 2014, the Center for Auto Safety petitioned NHTSA to refer the Honda airbag problem to the Justice Department for criminal investigation.  See attached and https://www.careforcrashvictims.com/blog-hondacriminal.php

Today, NHTSA issued a Special Order to Honda to answer questions under oath.  See attached NHTSA documents:

Signs of hope for change — for the better.
Lou

 

GM Feinberg Extends Deadline for Countless GM Crash Victims — by 1 Month


GM Feinberg Extends Deadline for Countless GM Crash Victims — by 1 Month

November, 2014

Dear Care for Crash Victims Community Members:

After calls for extension of GM Feinberg “Compensation” Program by Sen. Blumenthal and others, a one month extension has been granted to crash victims.

See http://www.blumenthal.senate.gov/newsroom/press/release/blumenthal-calls-on-general-motors-to-contact-known-victims-of-faulty-ignition-switch-extend-compensation-fund-deadline-for-families-that-just-learned-of-eligibility

And https://www.careforcrashvictims.com/blog-11yearslater.php

And Press Release:GM Ignition Compensation Claims Resolution Facility Announces

an Extension of the Claims Filing Deadline

Kenneth R. Feinberg, the Administrator of the GM Ignition Compensation Claims Resolution Facility, announced today a one month extension of the claim filing deadline for submission of claims to the Facility.  The current deadline of December 31, 2014 has been extended to January 31, 2015.  Claimants, therefore, have an additional month to file their claims with the Facility. 

            In announcing this one month extension, Mr. Feinberg emphasized that the many efforts to notify all eligible claimants have been largely successful.  Notice has already been sent to almost four and one half million individuals targeting all current and prior owners of the eligible vehicles.   An additional one month extension is being implemented “out of an abundance of caution,” he stated and because supplemental notice is being mailed this week by GM to approximately 850,000 newly registered owners and to those individuals for whom a change in registration, change of address or corrected address has been received.  

             “I believe that the many efforts to reach all possible GM automobile owners, former owners and others who might have been adversely impacted by a defective ignition switch have been both comprehensive and effective.  There will always be some individuals who do not receive formal notice and are generally unaware of available compensation.  But such individuals appear to be very few in number,” said Mr. Feinberg.

            Mr. Feinberg added: “Because of our determination to provide comprehensive notice and give each claimant an opportunity to file a claim in a timely manner, we have decided to extend the filing deadline an additional 30 days until January 31, 2015.”

            Information about the Ignition Switch Compensation Claims Resolution Facility, including how to prepare and file a claim with appropriate documentation, can be found at http://www.gmignitioncompensation.com or toll free at 1-855-382-6463

                                                    ###

 

For media inquiries, please contact: Amy Weiss, Amy@WeissPublicAffairs.com

************************

Amy Weiss

Chief Executive Officer

WEISS Public Affairs

5309 Cushing Place, N.W.

Washington, D.C. 20016

 

Takata, & Honda Airbag Scandals & NHTSA Scandal


Takata & Honda Airbag Scandals & NHTSA Scandal

November, 2014

Dear Care for Crash Victims Community Members:

Obama Investigating NHTSA

On October 24, 2014, USA Today reported:

“WASHINGTON (AP) — A senior Obama administration official says the “safety culture” of the federal agency that oversees auto recalls is being reviewed.

The agency has been criticized for not acting aggressively enough regarding recalls of millions of vehicles with defective air bags or faulty ignition switches.

The Obama official says a team is examining risk management and the safety posture in general at the National Highway Traffic Safety Administration.”  See

http://www.usatoday.com/story/money/cars/2014/10/24/nhtsa-recalls-airbags-obama-probe-culture/17851283/

And See October 2014 NHTSA Organization Chart attached.

Criminal Investigation SoughtOn Nov. 7, 2014 the NY Times reported:

“Three senators are calling for a criminal investigation of the airbag maker Takata after two former employees reported that it had carried out tests on airbags over a decade ago and found signs of defects, yet erased computer files containing data and threw away tested airbags.

“The Justice Department needs to get involved here and begin a criminal investigation,” Senator Richard Blumenthal, Democrat of Connecticut, said in an interview. His comments came in response to an article in The New York Times on Friday that reported the employees’ disclosure….

The safety agency has been under pressure from lawmakers to order automakers to expand recent airbag recalls, some of which have been limited to regions with high humidity because Takata says moisture could play a role in the defect. But in the face of continued uncertainty over the cause of the ruptures, lawmakers have called for nationwide recalls.

In a partial response to those requests, Honda said on Thursday that it would now formally recall cars that the automaker had previously included in what it calls “safety improvement campaigns.” Chris Martin, a Honda spokesman, said that testing of some of the passenger airbag inflaters it had retrieved from dealers in areas with high humidity showed enough risks to warrant a formal recall.

Safety regulators have already referred to those campaigns as recalls, however, making Honda’s announcement largely moot. The automaker is still limiting the United States recall to 13 states and territories that it says “consistently experience high absolute humidity.”

Cars affected include certain model year 2001-6 Honda and Acura vehicles sold in Alabama, Florida, Georgia, Hawaii, Louisiana, Mississippi, South Carolina, Texas, Puerto Rico, the Virgin Islands, Saipan, Guam and American Samoa, according to Honda.” 

See http://www.nytimes.com/2014/11/08/business/criminal-inquiry-into-takata-airbag-allegations-is-sought.html

Note: DC, MD, and VA are not yet included by Honda.

Grand Jury Investigation

On Nov. 13, 2014, USA Today reported:“A new death has been linked to Hondas with defective Takata airbags, and Takata says it’s under investigation by a U.S. grand jury..

Honda said Thursday it is expanding its Takata-related recalls after a driver in Malaysia died in an air bag-linked accident in July.

The latest Honda/Takata fatality brings to five the number of deaths possibly caused by faulty Takata bags. Honda says three definitely are linked, and is probing two others.

Takata confirmed in Tokyo Thursday that it is being investigated in the U.S. for possible criminal activities.

A federal grand jury in New York has subpoenaed Takata’s unit in the United States to produce documents on the air bag defects, a Tokyo-based Takata spokesman said.”  See

http://www.usatoday.com/story/money/cars/2014/11/13/takata-airbags-honda-death-five/18963827/

Takata Executive Rehired On Nov. 15, 2014, Automotive News reported:

“DETROIT — This past summer, Takata Corp. rehired a retired engineering executive to oversee its embattled quality-control operation — an executive who is now at the center of a fresh controversy involving the company’s disclosures about its defective airbags.

Al Bernat, Takata’s former vice president of engineering who retired in 2012, returned as a full-time employee in July and is now senior vice president of quality assurance.

“We brought him out of retirement,” company spokesman Alby Berman said this week, “although he was doing some consulting with us even in retirement.”

Bernat’s return came shortly after the National Highway Traffic Safety Administration announced June 11 that it would reopen its investigation into malfunctioning airbags in vehicles produced by Honda, Nissan, Mazda, Chrysler and Toyota.”  Seehttp://www.autonews.com/article/20141115/OEM11/311179950/rehired-exec-at-center-of-takata-storm

Hopefully some good will come from these investigations of all this tragic mismanagement in government and corporations.
Lou