Criminal negligence: Boeing withheld information before Ethiopian Airlines Boeing 737 MAX crash – Aviacionline

The Boeing 737 MAX crisis seems to have neither bottom nor end. In the months before the Ethiopian Airlines crash in 2019 The manufacturer failed to provide the airline’s pilots with critical safety information regarding the Boeing 737 MAX’s faulty control system, despite repeated requests from the operator. That inaction is now central to the ongoing legal effort to hold the manufacturer accountable for the deaths of 157 people in the crash.

According to a New York Times investigation, concerns emerged in late 2018, just weeks after a Lion Air 737 MAX crashed into the sea in Indonesia, killing all 189 people on board. The cause was identified as a malfunction in the aircraft’s Maneuvering Characteristics Augmentation System (MCAS)to prevent the aircraft from stalling. The system mistakenly pushed the plane’s nose down, resulting in the fatal crash.

Ethiopian Airlines, which also operated the same model, was concerned about the safety of its fleet and asked Boeing for advice. The airline’s chief pilot made urgent inquiries to Boeing, asking for detailed instructions on how to resolve a similar malfunction on their aircraft. The request was specifically aimed at understanding what priorities should be set in the event of multiple simultaneous system failures, including how to handle MCAS.

Instead of providing detailed safety procedures, Boeing referred to a public notice issued after the Lion Air crash. The document summarized general emergency procedures but did not directly address the airline’s specific concerns about handling complex emergency scenarios.

Boeing justified its limited response by citing international accident investigation protocols in accordance with Annex 13 of the International Civil Aviation Organization (ICAO). The company claimed that it was prohibited from sharing further information because it was assisting in the investigation into the Lion Air crash. That decision was widely criticized by aviation safety experts, who argue that Boeing could and should have shared more critical safety information.

In March 2019, the feared scenario became reality for Ethiopian Airlines. The airline’s 737 MAX experienced an MCAS malfunction shortly after takeoff from Addis Ababa. Pilots faced a barrage of warnings and conflicting signals that overwhelmed their ability to respond to the system failure. Within minutes, the plane crashed to the ground, killing all 157 people on board.

While it is unclear whether more detailed guidance from Boeing could have completely prevented the crash, aviation experts agree that the lack of critical safety information likely contributed to the pilots’ inability to regain control of the plane. “Any information provided to the Ethiopian pilots, like the one we received, could have been the difference between life and death,” he said Dennis Tajer, spokesman for the Allied Pilots Association.

After the Lion Air crash, Boeing conducted comprehensive briefings for U.S. pilots, including American Airlines pilots. These sessions included in-depth technical discussions about MCAS, its interaction with key aircraft systems, and long-term strategies to address potential failures. However, Ethiopian airlines did not receive such detailed briefingsThis created a stark contrast in the way safety information was shared between the 737 MAX operators.

This emerges from emails between Ethiopian Airlines and Boeing, which were obtained by the New York Times The airline’s chief pilot asked many of the same questions as U.S. pilots but did not receive the same level of information. Experts say the lack of detailed guidance put Ethiopian Airlines at a disadvantage and ultimately contributed to the second fatal 737 MAX crash.

Litigation and Accountability

The victims’ families have raised this disparity in their ongoing litigation against Boeing. The emails have become key evidence in their attempt to block a 2021 settlement between Boeing and the US Justice Department. This deal allowed Boeing to avoid criminal prosecution and in return receive a $2.5 billion settlement. But victims’ families argue that the deal does not adequately hold Boeing responsible for its role in the Lion Air and Ethiopian Airlines crashes, which killed a total of 346 people.

“The only way to achieve true accountability is through a public process.” said Erin Applebaum, an attorney representing 34 of the families. “They want the public to know what happened between these two accidents, what the executives knew and when they knew it.” The Ethiopian government’s investigation into the crash, published in December 2022, reflected the families’ feelings. The report concluded that the crash could have been avoided if Boeing had provided more detailed information about the MCAS system and how to deal with a failure.

Boeing’s decision to withhold important safety information has drawn widespread criticism. Aviation safety analysts said Boeing’s reasoning from Relying on Annex 13 protocols to restrict disclosure of information is a misinterpretation of its obligations. Jim Hall, former chairman of the NTSB, stated: “I am not aware of any incident where this article was used to prevent the transmission of critical security information.”

As Boeing faces additional federal investigations into safety issues on the 737 MAX, including a recent incident on an Alaska Airlines flight, pressure for transparency and accountability is growing. The families of the victims of the Ethiopia Airlines crash remain steadfast in their demand for justice, with some, like Naoise Connolly Ryan, who lost her husband in the crash, calling Boeing’s actions “criminal.”

“If someone had put life and safety above corporate interests, my husband would still be alive today,” Ryan said.

The agreement between Boeing and the Justice Department is currently being reviewed by a federal judge, who will hear arguments from all parties before deciding whether to accept the deal. The families hope the court will reject the agreement and force a public trial in which Boeing executives would be directly responsible for the company’s actions. The manufacturer responded to questions about the emails in a statement: “We will never forget the lives lost on these flights and those of their loved ones.” Their memories and the hard lessons we learned from these accidents inspire us every day “To live up to our responsibility towards everyone who depends on the safety and quality of our products.”

As the trial continues, the focus remains on Boeing’s handling of the 737 MAX and whether the company failed to put safety over profit, resulting in two accidents that could have been prevented.