A successful top-tier Wisconsin law firm reportedly refused to help bring what could have been one of the earliest defective ignition switch lawsuits against General Motors (GM) for its now infamous defect, which can prevent airbags from deploying.

In 2006, a General Motors car involved in a Wisconsin car crash, swerved off the road and killed a young woman and friend as the airbags failed to deploy. The police investigator concluded that a faulty ignition switch in the GM car had powered off seconds before the crash, causing a loss of power necessary for airbag deployment.

The failure of airbag deployment was a factor in the young woman being killed.

Law Firm Claims GM Recall Litigation Too Costly

The parents of the young woman driver who was killed went to a large Wisconsin law firm, seeking help in pursuing a claim against GM. The law firm claims to be one of the largest personal injury firms in Wisconsin and advertises heavily, boasting that it has been helping injured people for over 75 years.

However, a lawyer in the firm told the young woman’s parents that they must choose another law firm if they wanted to pursue General Motors for their daughter’s death, saying the expenses needed to pursue the GM lawsuit prohibited the law firm from taking on the case compared to the potential payoff.

The New York Times reported that when asked in May 2007 to help the parents of the young woman killed in 2006 to pursue their GM ignition switch lawsuit, the law firm would not help.

“Because of the $350,000 maximum recovery for loss of society in Wisconsin and the extreme expense of litigating the case against General Motors, our office is unwilling to become involved in this matter,” it explained about why the law firm would not take on the GM lawsuit.

GM Lawsuits

General Motors recalled about 2.6 million vehicles that allegedly had faulty ignition switches that can move from the “run” position to the “accessory” position, which cuts off the power to vehicles power steering and airbags.

Out of the 2.6 million vehicles recalled over the ignition switch defect, 2.2 million were in the United States. The recall includes 2003-2007 Saturn Ions, 2007-2010 Saturn Skys, 2005-2011 Chevrolet HHRs, 2006-2010 Pontiac Solstices, and 2005-10 Chevrolet Cobalt and Pontiac G5 models.

Subsequently there have been an additional 33 deaths in GM cars with allegations of defective ignition switches, Congress has held hearings, GM has been fined millions of dollars by the federal government, and many GM lawsuits have been filed and resolved by other law firms.

Some GM ignition switch lawsuits remain pending, including  multi-district litigation in federal court.

GM has established a settlement fund, stating that it expects settlements to reach $400 million to $600 million. The existence of the GM victims’ fund hasn’t prevented some victims from filing GM lawsuits against the automaker.