Helicopter Crashed Due To Hydraulic Fluid Leak
On June 21, 2002, plaintiff decedents Lori Schrempp, 41, a nurse Phil Herring, 43, a pilot, and Patrick Scollard, 40, a paramedic were on helicopter manufactured by Eurocopter of France. The helicopter had just left a Norfolk, Neb., hospital when it crashed.
The estates of Schrempp, Herring and Scollard sued Eurocopter S.A.S and five other defendants, claiming the maintenance and design of the helicopter caused the crash.
Plaintiffs’ counsel argued that the helicopter crashed because a rubber bladder inside a key component developed a hole, allowing hydraulic fluid to leak. The escaping gas was felt by the pilot at the controls. When following the procedures for dealing with such a problem, Herring deactivated all hydraulics for the aircraft and the tail rotor became uncontrollable.
Defense counsel noted that since the settlement Eurocopter has revamped its maintenance manual. This included more frequent inspections of the tail rotor system. Defense counsel also stated that the defendants expressed plans to redesign the tail rotator system.
A National Transportation Safety Board ruling stated that a faulty tail rotor, winds and pilot inexperience were the causes of the crash.
Plaintiffs’ counsel presented expert opinion from a U.S. Air Force physician. The three deceased, knew for between 30 and 45 seconds that they will die in the crash. Nebraska law allows for conscious apprehension of death to be included in damages claims.
Plaintiffs’ counsel sought damages for loss of earnings, companionship and enjoyment of life.
The parties reached an $18.4 million settlement. The bulk of the settlement will be paid by Eurocopter. Five other companies also paid into the settlement. According to plaintiffs’ counsel, this settlement is the largest personal injury settlement in the history of Nebraska.