Brain Injury Lawsuit Stems from GM Ignition Switch Recall

April 7, 2014, 10:30AM. By Gordon Gibb

Adams, MNIt was a wrongful death lawsuit that put automotive juggernaut General Motors (GM) on a long road of contrition littered with a growing collection of recalls. However, it is expected that a plethora of additional lawsuits will grow from the recalls. To that end, the recent blockbuster recall involving allegedly faulty ignition switches on certain GM vehicles has resulted in a brain injury lawsuit.

Co-plaintiff Megan Phillips was 17 when the Chevrolet Cobalt she was driving suddenly lost power and crashed. Two passengers in the car - Natasha Weigel and Amy Rademaker - lost their lives as a result of the accident. Phillips sustained a brain injury together with other severe injuries in the crash.

Various investigations have concluded that excess weight on a key ring, together with the jostling that stems from the natural motion of the vehicle, can cause the ignition switch to disengage from the “run” position to “accessory.” This shuts off the engine and power to power steering and power brake components. A related concern is the potential for airbags to fail when the ignition switch is not in the “run” position.

The traumatic brain injury lawsuit, filed March 20 in Fourth Judicial District Court, state of Minnesota, notes that airbags failed to deploy in the Cobalt Phillips was driving. The Chevrolet Cobalt is one of many vehicle models caught up in the most recent series of GM recalls concerning the malfunctioning ignition switch.

Brain trauma is one of the worst injuries to sustain, given the complexity of the brain and its relationship to body function. Broken bones and contused tissue will heal over time. Scarring from burns and other injuries can often be mitigated through plastic surgery.

However, the brain can be irreparably harmed, a situation that can negatively affect an individual for the remainder of his or her days. Phillips was just 17 when she sustained her brain injury. The two passengers who died were also in their teens.

Brain injury lawsuit could be tip of the GM iceberg

Brain trauma can include brain swelling that can be fatal if not treated quickly.

The lawsuit mirrors allegations articulated by others over the preceding weeks in tandem with the unprecedented GM recall of some 2.6 million vehicles, according to WCCO CBS 4 Minnesota (4/1/14), for various defects, that GM knew as early as 2004 and prior to the launch of the 2005 Cobalt that there were problems with the ignition switch. While the troublesome switch was redesigned for the 2007 Cobalt model year, no recall order was issued for cars built and sold prior to 2007.

The nine-count lawsuit was brought by Phillips, together with the trustees representing the two passengers who died in the accident. The lawsuit describes the brain injury sustained by plaintiff Phillips as “severe,” and seeks unspecified damages in compensation for past and future medical expenses, and loss of previous and future earnings. Trustees representing the two deceased teens make similar claims.

The action, citing brain injury law and other grievances, could become complex given the reorganization of GM in 2009. Pundits note that the accident involving the Chevrolet Cobalt that permanently injured Phillips and claimed the lives of two other teens occurred during the mandate of the “old GM.” Industry watchers also note that as part of its reorganization, GM is shielded from so-called “legacy liabilities.”

Pundits note, however, that lawsuits stemming from matters prior to GM’s reorganization may be allowed to move forward if it is proven that GM concealed defects prior to 2009, that plaintiffs were not aware of problems stemming from an era prior to reorganization, until after reorganization, and thus plaintiffs were not aware they had a cause for action until just recently. The faulty ignition switch controversy, together with the unprecedented recalls, did not occur until February and March of this year.

Various reports suggest there have been about 13 deaths related to the allegedly faulty ignition switch. However, it has been reported that the Center for Auto Safety, a consumer watchdog group, puts the number of deaths at more than 300.

Newly installed GM CEO Mary T. Barra, who has only been in the top job since the middle of January, is promising transparency and full disclosure once internal investigations are complete. That’s little solace for plaintiff Megan Phillips, who continues to face a lifetime marred by traumatic brain injury.

The lawsuit is Jayne Rimer et al. v. General Motors LLC et al., in the Fourth Judicial District Court of the County of Hennepin, State of Minnesota.