Second Chance files for Chapter 11

[Chipperman]

Did not find this in a search, so my apologies if it was already posted.

http://www.boston.com/news/local/articles/2004/10/20/body_armor_firm_files_bankruptcy/

Body armor firm files bankruptcy
Facing lawsuits in Mass., beyond
By Associated Press _|_ October 20, 2004
CENTRAL LAKE, Mich. -- Second Chance Body Armor Inc. filed for Chapter 11 bankruptcy after being hit with lawsuits in Massachusetts and at least nine other states accusing it of selling defective bulletproof vests to police officers.
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One lawsuit blames the company -- the nation's largest manufacturer of soft, concealable body armor for law enforcement -- in the shooting death of a California police officer. Another, brought by the state of Utah, led to a $210,000 settlement.

The bankruptcy petition, filed Sunday, puts the lawsuits on hold while Second Chance tries to work its way out of financial trouble.

"The filing will allow Second Chance management to focus on the management of the business so as to continue to serve its law enforcement and military customers," chief executive Paul Banducci said.

The company announced in September 2003 that it had concerns about Zylon, the synthetic fiber used in the vests. Since then, lawsuits have been filed, federal and state investigations begun, and finger-pointing has ensued between Second Chance and Zylon's producer, Toyobo Co. of Japan. Toyobo has acknowledged that tests show Zylon loses 10 percent to 20 percent of its durability within two years of manufacture. But the company insisted the fiber works well in body armor that is properly constructed.

Second Chance claims to have spared more than 935 wearers from death or serious injury with its products.

Lawsuits have also been filed in Arizona, Texas, Massachusetts, Georgia, Illinois, Connecticut, Arkansas, Pennsylvania, and Minnesota, as well as Utah.

Last year, the Fraternal Order of Police estimated that 200,000 of the nation's 700,000 police officers wear vests made with Zylon, which has also been used by other body armor manufacturers in the United States and Canada.

Second Chance employs about 250 workers at its Central Lake factory and also has operations in Alabama, Massachusetts, England, Germany, and Morocco._
© Copyright 2004 Globe Newspaper Company.

 

[No4Mk1]

My first instinct was to jump to the conclusion that this was more overzealous prosecution on the part of politically ambitious AG's, but with a little digging I find that it is entirely possible that Second Chance has committed acts of criminal negligence.....

http://www.google.com/search?hl=en&q=second+chance+suit

 

[Brigrat]

If you pay a visit to tactical forums, you will find that the mod "mad dog" has been spearheading the assualt on Second Chance. I did a research project on body armour when I was selecting vests for our crews, and decided to stay far away from Zylon, and second chance.

 

[The_Antibubba]

What's interesting is that Second chance is not the only company to sell a Zylon vest-I think Safariland's "Zero G" is Zylon. All they say is that Zylon is not as long-lasting, but it is lighter and stronger. For everyday wear, I'd wear one, knowing the limitations.

 

[sendec]

This is sad...

Second Chance was a leader and inovator that basically made the soft body armor industry. Pushing the envelope lead to new materials and they may not have been the best, but SC has done far, far more good than bad.

The "info" that McClung et al spew is worthless, as of the last time I could stomach reading it. The persons who are solely and only responsible for the deaths of Zylon wearing officers are the people who shot them. The fact that the vests failed is tragic, but technology fails. It is what it does. I am far more impressed that vests work as well as they do.

While I probably wouldnt select a zylon vest Second Chance will continue to get my business as long as they are around. And yes, they were'nt the only company to use zylon.

 

[Alfadog]

Anti-bubba--I believe the Safariland Zero G vests contain some Zylon, but it is woven with another material--probably Spectra.

Sendec--perhaps you should consider the following excerpt from the Minnesota AG's complaint against Second Chance before drawing any conclusions:

Second Chance Refuses to Act in the Face of Overwhelming Evidence and Internal Pleas
Seven months passed with inaction on Second Chance’s internal proposal to take corrective action. Finally, Second Chance’s President, Richard C. Davis, issued a letter to the Executive Board on July 29, 2002. Exhibit P.
Mr. Davis acknowledged that “Zylon seems to be degrading much faster than Twaron or Kevlar.†Mr. Davis then proposed two different solutions. Solution one was to “continue operating as though nothing is wrong until one of our customers is killed or wounded, or Germany, Japan, Dupont, or some other entity exposes the Zylon problem.†Mr. Davis pointed out the obvious downfall of this approach.
“Either a Law Enforcement Officer will be killed wearing one of our vests, or an involuntary exposure will lead to gross exaggeration. In either case, we will be forced to make excuses as to why we didn’t recognize and correct the problem. In the eyes of law enforcement, we will either be stupid for not knowing, or greedy and uncaring for knowing and not doing anything about it.â€
The second solution Mr. Davis offered was to “publish and circulate an ad denouncing all 2A vests and decline to make them anymore, unless it’s a bid situation for an all Kevlar or Twaron product and the customer is fully aware of the two-way shortcomings.â€
Mr. Davis noted the “inevitable dilemma†that within six to eighteen months it was likely that the German V-50 [testing] would fall below the acceptable level. Mr. Davis opined that having an orderly plan in place would mean “there will be no trouble getting to the ‘life boat’ when the ‘Zylon ship’ begins to sink.â€
Mr. Davis acknowledged that “Germany may want to sue us,†but speculated that it would take five to ten years and they would get nothing after Second Chance filed for Chapter 11 bankruptcy protection. He also estimated that the total warranty liability for providing upgrade pads for all of its 100% Zylon 2A vests would be between $5 and $6 million. While Mr. Davis wanted to consider as many potential solutions as possible, he was resigned to the “reality†that “the upgrade ad solution is the only feasible alternative.â€

 

[sendec]

Alfadog,

I have been following this for over a year. I am not claiming that zylon and SC do not have problems, just that some people (bark bark) have WAY overblown the role Rich Davis has played in this. I do not believe that he hatched some nefarious plot to kill every cop in the world as some would have us believe. There has also been a lot of junk science tossed about that only clouds the issues.

Rich has arguable saved many hundreds of cops thru his efforts in the armor field. That gets him so,me credit in my book

Keep in mind that you are citing a complaining party and not an impartial source.

I am amazed that in this litigous age and environment that any company even stays in the armor business

 

[trooper]

Rich has arguable saved many hundreds of cops thru his efforts in the armor field. That gets him so,me credit in my book

And earned a load of money with it, too. I don't object to that but for those prices he'd better sell products that perform as desired. The fact that the company actually pondered over the question whether they should admit their known failure now or later when human lives were at stake is outrageous.

I considered buying a Second Chance zylon vest but decided against it after a bit of research. I'll get a conventional aramid vest from a local manufacturer instead. Mehler and BSST seem to perform well and use time-proven materials only.


Regards,

Trooper

 

[raz-0]

that quote is definitely spun. If you dissect it, you have ONE memo that says basically zylon has problems, we have two choices. Cop to it, or wait for someone to sue us. It then concludes that replacing the zylon pads given the options of waiting for a law suit or being proactive is the only viable alternative.

That sounds like a company stepping up and saying hey, we'll replace this defective item with something that works.

As others have noted, there are other companies selling zylon armor who AREN'T doing this.

This really doesn't sound like bean-counter scumbaggery to me, just an executive acknowledging multiple options and saying take the high road.. in the space of one memo. Of course the quote is from the AG's synopsis and quotes which of course are designed to put their target in the best light.