In the two months since Cafferty Clobes Meriwether & Sprengel LLP filed a class action on behalf of consumers who own or lease vehicles with the defective and dangerous exploding Takata airbags, several new and troubling developments have emerged.
The Takata Cover-Up
In early November 2014, two former employees of Takata Corp. subsidiary TK Holdings, Inc. publicly announced in a New York Times exposé that TK Holdings, Inc. tested the defective airbags in 2004 after a Takata airbag exploded and shot shrapnel at a driver in Alabama. According to those former employees, out of concern that the airbags may be defective, Takata, through subsidiary TK Holdings Inc., (collectively, “Takata”) tested 50 airbags over a period of three months at its Auburn Hills, Michigan facility. During those tests, conducted on airbags retrieved from junk yards, the airbags’ steel inflater canisters cracked in two of the airbags. According to the employees, one of whom was a senior lab technician at TK Holdings, Inc. at the time, this cracking could lead to rupture.
Per the statements of the former employees, lab technicians conducting the tests were troubled by the results and immediately began investigating a fix in anticipation of a recall of vehicles containing the defective airbags, and presumably, for airbags manufactured in the future. However, when the testing results were reported to the decision-makers at the Takata subsidiary, the executives discounted the testing results, ordered the testing laboratory employees to delete all results of the testing from their computers and other files, and instructed them to throw away all of the tested airbags in the trash. Takata, nor its subsidiaries, took any further action at that time. The former employees tied this investigation and reported defect to the current recall. Continue reading