Monday, February 23, 2009

Canadian Company to settle defective armor allegations

Barrday Inc. and two related companies have agreed to pay the United States over $1 million to resolve allegations that they violated the False Claims Act in connection with their role in the weaving of Zylon fabric used in the manufacture and sale of defective Zylon bullet-proof vests, according to the Justice Department.

The United States alleged that Barrday’s woven Zylon fabric was used in the manufacture of bullet-proof vests sold by Second Chance Body Armor Inc., Point Blank Body Armor Inc. and Gator Hawk Armor Inc. These vests were purchased by the United States, and other law enforcement agencies. The government alleged that the Zylon in these vests lost its ballistic capability quickly, especially when exposed to heat and humidity.

Barrday was allegedly aware of the defective nature of the Zylon by at least December 2001, but continued to sell Zylon for use in ballistic armor until approximately 2003, when two police officers were shot through their Second Chance Zylon vests.

This settlement is part of a larger investigation of the body armor industry’s use of Zylon in body armor. The United States previously has settled with four other Zylon makers for over $46 million.

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About This Blog

Attorney David G. Schiller maintains this blog to monitor False Claims Act lawsuits brought throughout the United States.

The False Claims Act is a federal law that allows a person (the Act calls “the Relator”) with knowledge of fraud on the U.S. government to bring a lawsuit on behalf of the United States. If successful, the Relator can receive a reward of up to 30% of the recovery.

Schiller & Schiller, PLLC provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Schiller & Schiller, PLLC and the reader or user of this information.

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