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Federal Signal Settles Siren, Hearing Damage Lawsuit
PR Newswire
OAK BROOK, Ill. - Federal Signal Corporation, a leader in environmental, safety and transportation solutions, announced today that it has reached a settlement with 1,125 firefighters, represented by attorney Joseph Cappelli, in connection with hearing loss claims. This agreement was reached after Federal Signal obtained complete defense verdicts in consecutive recent trials involving the cases of 18 firefighter plaintiffs represented by Mr. Cappelli. Federal Signal also prevailed on pretrial motions with respect to three other plaintiffs represented by Mr. Cappelli.
Jennifer Sherman, Chief Administrative Officer, General Counsel and Secretary of Federal Signal, said, "This settlement with 1,125 firefighters represents a very favorable development for the Company in the hearing loss litigation. As demonstrated in our recent trial victories, as well as our track record generally throughout this litigation, Federal Signal has strong defenses to these claims and we are committed to defending our siren products and litigating these cases as necessary. Sirens are necessary public safety products and save lives."
Mr. Cappelli stated, "I am happy that we have been able to resolve these cases with Federal Signal. Years of litigation and several trials have brought both sides to the point where settlement makes sense. After extensively investigating fire departments in various states and handling several hundred individual firefighter cases, I have concluded that most firefighter claims are complicated and challenging cases to win. There are multiple obstacles to overcome to achieve success in these cases, including the minimal exposure times to sirens and the fact that Federal Signal has warned about the risk of hearing loss since 1986. I believe these were significant factors in several jury trials in which Federal Signal prevailed."
Under the settlement agreement, Federal Signal will make a payment of $3,800,000, reduced by the percentage of firefighters who do not participate in the settlement. In order to receive any payment, a minimum of 93% of certain claimants must participate in the settlement.
The settlement with these 1,125 firefighters follows dismissals of all hearing loss cases filed against Federal Signal in Maryland, New Jersey, and Missouri during the past three years. Federal Signal also won dismissal of similar hearing loss claims filed by four New York firefighters, which was affirmed by an appeals court in 2009. Federal Signal remains a defendant in hearing loss cases filed in Cook County, Illinois. In Cook County, Federal Signal obtained a complete defense verdict in a consolidated trial involving 27 firefighter plaintiffs during 2008. Federal Signal lost one jury trial in Cook County in February 2009 involving nine firefighters, the verdict of which is under appeal.
The claims of 74 other Cook County firefighters have been dismissed over the course of this litigation. Federal Signal also lost a jury trial in Philadelphia in March 2010 involving one firefighter, in which the jury found the Company's siren was not defective, but nonetheless awarded damages for negligence.
About Federal Signal
Federal Signal Corporation (NYSE: FSS) enhances the safety, security and well-being of communities and workplaces around the world. Founded in 1901, Federal Signal is a leading global designer and manufacturer of products and total solutions that serve municipal, governmental, industrial and institutional customers. Headquartered in Oak Brook, Ill., with manufacturing facilities worldwide, the Company operates four groups: Safety and Security Systems, Environmental Solutions, Federal Signal Technologies, and Fire Rescue. For more information on Federal Signal, visit: http://www.federalsignal.com.
Copyright 2011 PR Newswire Association LLC
All Rights Reserved
January 10, 2011
Replies to This Discussion
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Permalink Reply by lutan1 on
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Wayne, I'l never disagree that we need the sirens, however if there's an issue with them, the way they're installd, the sound insulation of the vehicle they're mounted on, etc, and it's a preventable injury I've recieved as a result of that, then expect some recourse.
This is especially true if decisions have been made based on budgets. ie: management decide to spend $XX less on the vehicle and do way with sound proofing or intercom headsets, etc
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now all the firefighters can sure building occupants/owners for "hazards" exposure during fire suppression?
Do some research David-it's alredy happened.
Here's a couple:
http://www.firefighternation.com/profiles/blogs/charleston-firefigh...
OR
http://www.firefighternation.com/profiles/blogs/nm-firefighters-sue...
Maybe I shouldn't say this but I am anyway. lutan1, if you're that concerned about hazards in the FD, maybe you might be in the wrong line of work. I got burned, inhaled smoke with God only knows what kinds of BS in it, fell down, skinned my knuckles, strained my back and everything else I was born with, damaged my delicate hands with harsh chemicals washing and cleaning equipment
And if all of those are potentialy preventable, then you too have the right for recourse.
Let's break it own:
I got burned- and tha's why we have PPE now, and so many advances have been made in improving it. We just need to get peple to wear it properly now.
inhaled smoke- SCBA and other forms of respiatory protecton will protect us from that now. We just have to make the choice to acually wear it.
fell down- that can happen to anyone, anytime
skinned my knuckles- see earlier comment about PPE
strained my back- and with a better understanding of manual handling issues, many (not all!) of these are preventable.
damaged my delicate hands with harsh chemicals washing and cleaning equipment- see earlier comment about PPE. Also research the Hierarchy of Controls- SUBSTITUTION of the chemical may be a better option.
lutan1, if you're that concerned about hazards in the FD, maybe you might be in the wrong line of work.
As can be seen by my response, I AM concerned about hazards. And as can be seen, many (again, not all!) can be mitigated with a bit of risk management.
In my 15 years, I've had one LTI- a back injury. That's it. So either I'm scared and don't respond, or I choose to work safely.
Perhaps also consider my blog on Dynamic Risk Assessments
http://www.firefighternation.com/profiles/blogs/dynamic-risk-assess...
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Permalink Reply by Timothy D. Stone Jr on
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It says right on the siren..."WEAR HEARING PROTECTION"
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Permalink Reply by Michael Daniels on
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What a crock. No wonder America is in a sad state of affairs. Get a hang nail and sue somebody. No wonder 20% of Americans are out of work!!! Have any of you who are claiming the hearing loss ever heard of ear plugs??? Get a grip. It's all about the money and lawyer fees. There are 30 millions Americans that would love to
have your jobs and pensions / benefits who are smart enough to wear ear plugs.
This whole lawsuit is right in line with the McDonalds law suit on hot coffee.
GEE Sirens are supposed to be loud!!! If they are not loud, how else is poor granny crossing the street or talking on her cell phone supposed to know you are coming thru???
Folks wave the white flag!!!! America is done...........
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