The family of a Virginia woman who was killed by shrapnel from a Takata Corp. air bag is attempting to reopen a lawsuit they previously settled over her death based on allegations the company knew the device was defective. Gurjit Rathore, 33, died in December 2009 when a mail truck hit her Honda Accord and the air bag in her car deployed, shooting metal into her chest and neck. The lawsuit was settled for $3 million. The death was one of the first of nine connected to shrapnel from Takata air bags and I believe it’s the first in which Plaintiffs are seeking to reopen a settled claim after new disclosures that reveal the company hid what it knew about the defect. This is exactly what happened in the Melton case against General Motors.
Takata didn’t disclose evidence that the company manipulated test results before the family settled the lawsuit. Lawyers representing the Plaintiffs said in a statement that they are seeking to set aside the settlement and order Takata to provide evidence produced in later air bag lawsuits. Hopefully, their efforts will be successful.
Sources: Insurance Journal and Bloomberg News
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