FH1100 - good post. As stated above, the S-92's inadequacies probably do not justify canceling the type certificate, but changing the type certificate data sheet to show it only achieved a much earlier certification basis would be a reasonable action in the circumstances.
It seems that having stalled and fought to have the case brought by Cougar and their insurers held in the US (and lost), Sikorsky have now settled out of court and avoided legal determination on the claim that Sikorsky were negligent and misrepresented the S-92 safety in their marketing claims:
The Canadian Press
Date: Friday Nov. 25, 2011 4:32 PM ET
ST. JOHN'S, N.L. — A Newfoundland-based helicopter operator that sued Sikorsky Aircraft Corp. after a fatal helicopter crash in March 2009 has reached an out-of-court settlement with the American company.
Cougar Helicopters of St. John's and eight insurance companies had filed a lawsuit against Sikorsky, alleging negligence and misrepresentation in their statement of claim.
Those claims were not proven in court.
On Friday, Cougar spokeswoman Candace Moakler said the settlement prevents her from discussing the deal that was recently reached with Sikorsky.
"We were seeking damages for the loss of aircraft against Sikorsky," Moakler said in an interview. "That action has been settled, and the action has been discontinued."
Cougar's statement of claim sought almost $27 million in damages.
It accused Sikorsky of using a flawed analysis to claim its S-92 helicopters could run without oil in the main gearbox for 30 minutes.
The pilots of Cougar Flight 491 reported a loss of oil pressure in their S-92's main gearbox about 11 minutes before plunging into the North Atlantic, killing 17 of the 18 people on board.
Two weeks after the disaster, the Transportation Safety Board of Canada said two of three titanium studs that secure the oil filter bowl assembly to the helicopter's main gearbox sheared off mid-flight.
The board concluded in a report last February that the resulting loss of oil pressure was one of a "complex web" of factors that contributed to the crash. It also blamed unclear safety and training procedures.
Despite the loss in pressure, the pilots thought there was still oil in the gearbox, which is why they decided to fly on to St. John's rather than risk a controlled ditching in the ocean, the board said.
In January 2010, the families of 15 passengers who died in the crash, as well as the sole survivor of the tragedy, Robert Decker, reached a settlement in their lawsuit against the U.S. company.
Their 2009 lawsuit alleged Sikorsky and its parent company, United Technologies Corp., made false claims about the aircraft's safety. Again, those claims were not proven in court.
At the time, a Sikorsky spokesman confirmed that a similar settlement had been reached with the families of the helicopter's two pilots.
N.L. chopper operator settles lawsuit after fatal crash | CTV News