Claims Patriot Missile Malfunction Killed Husband

The widow of US Navy Lieutenant Nathan Dennis White, killed by friendly fire while piloting an F/A-18 aircraft west of Karbala, Iraq, in April 2003, filed a law suit Tuesday against Raytheon Company, manufacturer of the Patriot missile that shot down his aircraft.

The wrongful death suit claims that Raytheon knowingly disregarded a frequent, widespread malfunction within the Patriot system that can cause it to misidentify US and allied aircraft as enemy missiles.

The Patriot first gained wide-spread fame during the Gulf War defending US troops and Israeli civilians against Saddam Hussein's Scud missile attacks. After the war, the system's effectiveness came under fire driving various technical upgrades. During the 2003 invasion, the Patriot acquitted itself quite well intercepting and destroying all nine missiles fired by Iraqi forces.

In addition to those success, however, there were two friendly fire incidents -- one downed White's aircraft, the other killed two British pilots.

White's widow, Akiko Ohata White, although a US citizen, has since returned to Japan, her country of birth, with her three children.

The lawsuit alleges, in part, an investigative report presented to Ms. White by the Army revealed the Patriot system displayed erroneous symbols its operators were not trained to identify and deal with. In the absence of other direction, operators identified those false symbols as hostiles. White's aircraft was apparently confused with the false tracks.

In a release, Ms. White's attorney -- and former Navy pilot -- William O. Angelley said, "There have been at least three friendly-fire incidents involving this system in recent years, two of which resulted in fatalities. Raytheon must be held accountable for this dangerous design flaw. At this time of war, our soldiers and pilots are in harm's way each and every day. Those responsible for providing military equipment must do so in ways that protect our forces, not add to the dangers they face."

Raytheon representatives told the Washington Post Wednesday the company had not reviewed the details of the suit and couldn't comment.

The lawsuit does not name the US government or military as both enjoy immunity from suits brought by service members or their families. Case law resulting from a 1988 US Supreme Court decision also grants broad immunity for military contractors as well, assuming they follow some general guidelines.

Mr. Angelley notes the "government contractor defense" is a significant obstacle to his case, but his firm, Kreindler & Kreindler, has won similar cases in the past while successfully representing the families of military casualties.

FMI: www.raytheon.com, www.kreindler.com