A man who suffered serious injuries in a car accident is suing General Motors because of an airbag defect.

Plaintiff Julius V. says he was driving his 2011 Chevrolet Malibu on July 28, 2015, when he made a left turn. A car came through the intersection and hit Julius’ Malibu.

The Malibu’s airbag did not deploy correctly because the inflator module detached from the steering wheel and the airbag landed on the floor of the passenger side.

The GM airbag defect impaired the car’s ability to properly protect Julius from serious injury. According to the complaint, his “injuries sustained in the collision were enhanced by the defective airbag.”

He was taken to a hospital by ambulance where he was diagnosed with a tibial plateau fracture (knee), distal fibular fracture (ankle) and gait dysfunction.

The tibial plateau in the knee is one of the most important load-bearing parts in the body. Fractures of the tibial plateau affect knee alignment, stability and motion.

He was treated at the hospital and released on July 31, 2015.

On Aug. 20, 2015, Julius was admitted to a different hospital due to several complications from his injuries. He was diagnosed with “left tibial plateau fracture, bicondylar (within the knee joint), with proximal leg hematoma, deep (a swelling of clotted blood in the leg).” He had to undergo surgery.

Airbag Defect Results in Lingering Complications

According to the lawsuit, Julius “suffers from several, continual medical conditions as a result of the enhanced injury. Namely, he suffers from extreme and continued headaches, significant concentration and memory problems, severe lower back pain with bilateral paresthesia including numbness and tingling as well as weakness, and significant neck pain with radiation down the right arm and hand with bilateral arm and hand paresthesia.”

Paresthesia refers to the sensations such as tingling, numbness or burning of the skin because of nerve damage, and not because of any outward influences.

Julius also fights swelling in both of his legs that cause him pain and discomfort. He was hospitalized in December 2015 and again in December 2016 due to the swelling.

His ongoing medical issues are from “sustained enhanced injuries proximately caused by the defective design and/or manufacture of the airbag, which improperly deployed, thus causing particles to fly into his face and eyes causing burning and temporarily blindness; abrasions to his left hand and knees, as well as a tibial fracture from the force and subsequent complications and conditions which would have been lessened had the airbag properly functioned.”

Complaints Regarding Airbag Defect

The National Highway Traffic Safety Administration (NHTSA) tracks complaints regarding vehicle malfunctions. As of mid-February 2017, the 2011 Chevrolet Malibu has accumulated 457 complaints, including 52 specifically mentioning an airbag defect.

Failure to deploy, improper deployment, and/or the airbag indicator light failing to turn off are among the complaints.

General Motors responded to four of the airbag complaints that regarded the indicator light, which GM said was due to an internal computer issue. GM did not respond to any complaints regarding improper deployment, failure to deploy, or any other airbag defect.

The lawsuit alleges that GM “had actual knowledge that the airbag in the 2011 Chevy Malibu was defective. Despite its knowledge, Defendant GM did not issue a voluntary recall for the airbag and continued to sell and market the 2011 Chevy Malibu beginning in 2010.”

The Airbag Defect Lawsuit is Case No. 1:17-cv-01425-JBS-JS in the U.S. District Court the District of New Jersey.