Families of Camp Pendleton Marines killed in Osprey crash sue aircraft manufacturer

The families of four of the five Camp Pendleton Marines killed in a 2022 Osprey crash filed a lawsuit against the aircraft’s makers in federal court in San Diego on Thursday, claiming the companies knew about undisclosed defects and faults in the Osprey.

A Marine Corps investigation will be released in 2023 concluded that the crash was due to a mechanical failure and ruled out pilot and maintenance errors.

The Osprey V-22, which can fly like a plane or helicopter, that crashed outside Glamis in Imperial County was one of four fatal Osprey crashes in the past two years. Ospreys from all branches of the military were temporarily on the ground At the beginning of the year due to security concerns.

The aircraft manufacturers named in the lawsuit, The Boeing Company and Bell Flight, said Thursday they would not comment on pending litigation. The Marine Corps also declined to comment. Rolls Royce, which helped develop the engines, did not respond to the Union-Tribune’s request for comment.

The Osprey sank on June 8, 2022, vicinity Coachella Canal Road and State Route 78 in Imperial County. On board were Captains John J. Sax and Nicholas P. Losapio, Privates Nathan E. Carlson and Seth D. Rasmuson, and Lance Cpl. Evan A. Strickland.

A U.S. Marine Corps MV-22B Osprey, assigned to Marine Aviation Weapons and Tactics Squadron One, near Yuma, Arizona, in 2021. A similar aircraft crashed near Glamis in 2022.

(Lance Cpl. Larisa Chavez/ Marine Corps)

The Marine Corps report states that the investigation found no errors on the part of the pilots and crew. There was nothing they could have done to foresee or prevent the crash.

The lawsuit states that at around 12:15 p.m., the Osprey, which bore the mission name “Swift 11,” experienced a chain reaction in which the right engine stopped without the pilot’s command and the crew members were “unable to counteract the uncontrollable flight of the aircraft.”

Losapio’s family was not named as plaintiffs in the lawsuit.

A year later, branches of the military that use the V-22 replaced certain components of the aircraft, which “reduced the likelihood of a hard clutch engagement by 99 percent,” authorities said.

Amber Sax, the wife of Captain John Sax, said in a statement Thursday that the plane’s manufacturers and designers were responsible for the plane’s safety.

“We want assurance that these components have been successfully redesigned, tested and made safe,” Sax said. “The importance of addressing this cannot be overstated – it’s not just about fixing a machine, it’s about making sure no other family has to suffer this loss again.”

Since the V-22 was introduced in 2007, the aircraft has come under fire for its safety. More than 50 service members have died during flight tests or training flights with the Osprey during the program’s lifetime, including 20 deaths in four crashes over the past two years, the Associated Press previously reported.

The lawsuit cites a U.S. Department of Justice Settlement last year with Boeing, which demanded a payment of over $8 million from the company after making false claims and statements about the aircraft for over a decade.

The government settled allegations that Boeing failed to meet certain contractual manufacturing obligations and failed to perform certain monthly tests. The settlement was based in part on testimony from former Boeing employees who made whistleblower allegations.

Two months after the agreement, eight Air Force personnel were killed in a crash in Japan. The V-22 was returned to service after authorities imposed new restrictions and requirements on the aircraft.

“Too many service members, like the Marines aboard Swift 11, have died because of the negligence and systemic failures of manufacturers of military aircraft and other equipment,” said Timothy Loranger, senior partner at the Wiser Baum law firm, which is representing the Swift 11 families. “For years, Bell-Boeing and others have claimed that this aircraft and all of its systems were safe, but the facts keep telling us otherwise.”