Prevention of Future Deaths reports · 2014

Sean Cunningham

Regulation 28 report to prevent future deaths, reference 2014-0087, written 26 Feb 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report26 Feb 2014
Reference2014-0087
DeceasedSean Cunningham
CoronerStuart Fisher
Coroner areaLincolnshire (Central)
CategoryProduct related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

Managing Director
Martin-Baker
Lower Road
Higher Denham
Br Uxbridge
Middlesex

UB9 5AJ

CORONER

lam S P G Fisher, senior coroner, for the coroner area of Central Lincolnshire

CORONER’S LEGAL POWERS

| make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009
and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013.
[HYPERLINKS]

INVESTIGATION and INQUEST

On 22" November 2011 | commenced an investigation into the death of Sean James
Cunningham, age 35. The investigation concluded at the end of the inquest on 29""
January 2014, The conclusion of the inquest was a narrative conclusion.

CIRCUMSTANCES OF THE DEATH

On the 11" November 2011, the deceased ejected from an aircraft. His parachute failed
to deploy and he suffered fatal injuries as a result of a fall to the ground.

CORONER’S CONCERNS

During the course of the inquest the evidence revealed matters giving rise to concern. In
my opinion there is a risk that future deaths will occur unless action is taken. In the
circumstances it is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

Martin Baker (the manufacturers of the ejection seat) continue to manufacture, and the
MOD continue to operate aircraft incorporating ejection seats in respect of which there
continues to be a significant risk of the strapping-in process impacting negatively on the
safe operation of the ejection seat, principally in consequence of strap misrouting. This
risk continues despite pilot instruction, training and specific warning to seek to ensure
that it does not occur. My concern is that no design solution, to a well-established
problem in this regard, has yet been found.

It is not clear to me at the end of this inquiry as to whether Martin Baker Aircraft have a
sufficiently comprehensive, robust and auditable system in place that will ensure that in
the event of a need for a safety warning or a safety critical alteration to maintenance
procedures being issued in the future, it will be sent to and received by all end users of
the applicable seat or seats within an appropriate timescale. My concern relates the
companies process for the urgent dissemination of safety critical information in this
respect.

ACTION SHOULD BE TAKEN

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 23" April 2014. I, the coroner, may extend the period.

Your response must contain details of action taken or proposed to be taken, setting out
the timetable for action. Otherwise you must explain why no action is proposed.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons, Irwin Mitchell Solicitors, Lincolnshire Police, HSE, BAE Systems and the MOD

| am also under a duty to send the Chief Coroner a copy of your response.

The Chief Coroner may publish either or both in a complete or redacted or summary
form. He may send a copy of this report to any person who he believes may find it useful
or of interest. You may make representations to me, the coroner, at the time of your

7

response, about the release or the publication of “your response by the Chief Coroner.
C

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*
DATE [ale “ISHED BY CORONER _

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