Aviation safety experts, including the National Transportation Safety Board (NTSB), have been calling for image recorders in airline cockpits for years. In fact, the NTSB includes this recommendation on its "Most Wanted List" of safety improvements. In the wake of the recent Northwest Airlines incident--in which the pilots of a flight bound for Minneapolis inexplicably overflew their destination airport--the utility and safety benefits of such a requirement are clearly apparent. If this device had been installed in the cockpit of the Northwest flight, the mystery of what went on in that cockpit would now be solved. Instead, we are left to wonder how a flight crew missed a turn by nearly 150 miles, and further why the pilots failed to respond to air traffic control communications for an amount of time so long that the aircraft could have been shot down. If those pilots fell asleep at the controls in a cockpit equipped with a video recorder, a picture would have been worth a thousand words.
Comair plaintiff Jamie Hebert could likely be the first person to litigate a loss of consortium claim in the state of Kentucky.
On October 9, 2009, United States District Court Judge Karl S. Forrester issued an order reinstating the loss of spousal consortium claim of Jamie Hebert, the last surviving spouse with a wrongful death claim against Comair for the August 27, 2006 crash of Comair Flight 5191. Ms. Hebert's husband, Bryan Keith Woodward, was killed when Flight 5191 crashed shortly after takeoff from Lexington, Kentucky.
On October 1, 2009 the Kentucky Supreme Court issued a ruling granting a surviving spouse the right to sue for loss of consortium damages in a wrongful death case following the death of their spouse, an issue thrust into the spotlight by the litigation surrounding the August, 2006 crash of Comair Flight 5191 at Lexington's Bluegrass Airport. Before this ruling was issued, Kentucky was one of only four states that didn't allow spouses to sue for these damages. Prior to this ruling, Kentucky allowed for the recovery of loss of consortium damages for a spouse of someone who was injured, but not someone who was wrongfully killed- a notion that Justice Noble, speaking for a unanimous Kentucky Supreme Court, wrote "defies common sense."
People who became ill as a result of using heparin syringes contaminated with the bacteria Serratia marcescens may be running out of time to file their lawsuit against the manufacturer, AM2 PAT, Inc., (also known as Sierra Pre-Filled). For many people, the statute of limitations to file a claim will expire in November, 2009. As such, any person who believes he or she might have a claim against AM2 PAT, Inc., should contact Rapoport Law Office, P.C., which has been appointed by the Circuit Court of Cook County as Liaison Counsel for all litigation against AM2 PAT, Inc., filed in Cook County, Illinois.