Wesley Skiles' widow suing over rebreather

[wedivebc]

I am covering this story for ScubaGadget.com. I have just finished reading the entire complaint that was filed with the court. There is certainly some damning claims that make me think. I would like to get your feedback on the claim that the voting system algorithm used by the computer was not safe:... "if two oxygen sensors have failed and are producing readings that are fairly consistent with each other, the computer will still vote out the other oxygen sensor; that is, the computer will vote out the only oxygen sensor that is functioning properly." Do other rebreathers us this same system? The filing also suggests that using all three O2 sensors from the same manufacturer and batch is negligent. This is tied in with the claim the oxygen sensors were prone to failure and that DR knew about this. Even after a recall, DR supposedly found significant problems with sensors from Analytical Industries.

Given that DR staff admitted to knowing about the previous OPV valve spring corrosion problems for a long time before informing customers or the CPSC, I think the lawyers are saying this shows a pattern of deception.

---------- Post Merged at 11:58 PM ---------- Previous Post was at 11:54 PM ----------


The suit papers claim that "Defendants (DR) concealed the known defects in order to induce consumers, including WESLEY SKILES, to continue to use and purchase products sold by the Defendants"

Using voting 3 cell logic is almost a universally accepted industry standard. It does have an inherent failure mode which is why RB divers are taught to validate cells with oxygen at 6m to detect potential current limiting and to conduct a diluent flush and compare PO2 readings to known or expected PO2 based on depth and tested fraction of gas in the diluent mix if in doubt of cell readings. Wes would have certainly been aware of that practice.
As far as I know every rebreather is sold with new cells most likely from the same batch.
No rebreather manufacturer or cell manufacturer that I am aware of would advocate mixing cell brands. The differences in cell response time and characteristics would cause the voting logic to fail.
Oxygen cells are the weakest link in the rebreather system and as such rebreather divers are taught to distrust them at every turn and are taught techniques to mitigate that weakness.

 

[gkndivebum]

Only party not mentioned in the suit is Micropore (ExtendAir). Curious.

 

[Dsix36]

She might as well go after the dive boat too. Oh yeah, what about sueing the divemaster and captain too. Hell maybe I was in the ocean on that same day and it is my fault for not swimming the 50 miles to be a buddy for him. This whole thing is just frickin stupid and a waste of the court systems time and resources.

Wes was a big boy and although his death is a loss to many of us, money from a lawsuit will not do a damned thing to help Wes.

 

[bletso]

A rebreather is an anesthesia machine without a drug port, an anesthesiologist, and much crappier instrumentation. And it's underwater. And the "patient" is also the operator.

No, they are self-euthanasia machines.

Dale

 

[dumpsterDiver]

If one of the most experienced divers who chose to dive alone (on the ascent) is able to collect, just think what the families of normal sport divers will be able to win when there is an accident. A BC Spring killed him?

 

[Ayisha]

Only party not mentioned in the suit is Micropore (ExtendAir). Curious.

And National Geographic.

 

[HIGHwing]

I might be the only person to think this way, but this law suit is complete BS. I say this with the perspective of having trained on the Optima rebreather and dived with it for over a year.

Agree...

 

[rigdiver]

A single death, in and of itself would not make me think that there was a design flaw in the equipment...but the jury will probably be packed with people ignorant of SCUBA and picked to render verdicts based on emotion.

Maybe, maybe not. The last few times I was on a jury the people involved "settled." The judge explains how we the jurors made them take a hard look at the case and come to terms. Of course the last thing Your Honor said was: "I've instructed all parties not to discuss the settlement." Now is when you look at the Defendant and Plaintiff's lawyers and see who is smiling and who has their hands in their pockets staring at the ground.. I believe we will never know the facts on this one. Another diver that died on the Doria family sued the manufacturer which was DR. It was not the CCR that killed said diver. Lawyer posts so on another board stating it was frivolous. Next day thread is gone. Go figure.

 

[Packhorse]

No rebreather manufacturer or cell manufacturer that I am aware of would advocate mixing cell brands.

rEvo do. They have rEvo A cells and rEvo B cells and each are made by third parties and relabled as rEvo cells.

 

[Scott L]

Using voting 3 cell logic is almost a universally accepted industry standard. It does have an inherent failure mode which is why RB divers are taught to validate cells with oxygen at 6m to detect potential current limiting and to conduct a diluent flush and compare PO2 readings to known or expected PO2 based on depth and tested fraction of gas in the diluent mix if in doubt of cell readings. Wes would have certainly been aware of that practice.
As far as I know every rebreather is sold with new cells most likely from the same batch.
No rebreather manufacturer or cell manufacturer that I am aware of would advocate mixing cell brands. The differences in cell response time and characteristics would cause the voting logic to fail.
Oxygen cells are the weakest link in the rebreather system and as such rebreather divers are taught to distrust them at every turn and are taught techniques to mitigate that weakness.

I just vetoed any pending thought of going CCR after reading this post. :shocked2: