Firefighter Sues SCBA Manufacturer for $600k

A firefighter from Eugene, Oregon who was injured during a training exercise in 2012 is suing an SCBA manufacturer and a local vendor.

David Pickett, 35, was injured on December 19, 2012 when an MSA Firehawk M7 SCBA malfunctioned causing an explosion that he claims seriously damaged his hearing. The Firehawk M7 had recently been purchased by the Eugene Fire Department. Pickett and others were training with the devices when the one he was using malfunctioned causing a loud explosion near his right ear.

Pickett claims the loud noise resulted in hearing loss, tinnitus, headaches and balance problems, requiring him to wear a hearing aid.

The suit was filed last week in Lane County Circuit Court and names the SCBA manufacturer Mine Safety Appliances Co. (MSA) and the local vendor, Sea-Western Inc. Pickett is seeking $600,000 in damages including compensation for medical bills, lost wages, and pain and suffering.

Here is more on the story.

I reached out to Pickett’s attorney and hope to obtain a copy of the complaint. The post will be updated at that time.

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

Chicago OIG Releases Report on Fire Department Discrimination

The Inspector General for the City of Chicago released a long-awaited report into race discrimination and sexual harassment in the Chicago Fire Department. The 51-page report titled an “Audit of Policies and Practices Related to Discrimination and Sexual Harassment Within the Chicago Fire Department,” outlines the reasons for the investigation and the OIG’s findings.

Suit Alleges Long Island Fire Department Engaged in Disability Discrimination

A “Fire House Attendant” with the Setauket Fire Department on Long Island, New York, has filed suit alleging he was terminated in violation of state and federal disability laws. Ryan Kilmar filed suit today in US District Court for the Eastern District of New York naming the fire company, District Manager David Sterne and Dispatch Supervisor Janine Leute as defendants.