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.
NTSB Final Report: Aviat A1
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