For years now, airbag maker Takata has been dealing with the fallout of the faulty airbag inflator modules it designed for Honda and several other automobile manufactures. These defective airbags could sometimes explode during an auto accident sending shrapnel flying at a driver or passenger.
Now, after an investigation by the Department of Justice and a bankruptcy filing, Takata is attempting to set aside a fund for consumers who were injured by their airbags. One new issue that is currently in discussion is how those injured by a Takata airbag will get compensation. Takata is looking to set up a “channeling injunction” that directs future claims to a shared bankruptcy trust for compensation.
This kind of injunction has been before in the asbestos settlements of the 1990s, but setting up a similar structure for a different type of injury case has not been tried since. Currently, a court in Delaware is working on deciding how and if Takata will be allowed to set up such a channeling injunction.
If you or a loved one were hurt by an exploding Takata airbag, you may want to consider contacting an attorney sooner rather than later, because depending on what the Delaware court decides, the rules and procedures for making a claim may soon change drastically.