The Boeing 737 MAX crisis seems to have no bottom nor end. In the months leading up to the Ethiopian Airlines crash in 2019, the manufacturer did not provide critical safety information to the airline’s pilots regarding the flawed control system of the Boeing 737 MAX, despite repeated requests from the operator. This inaction is now a key point in the ongoing legal efforts to hold the manufacturer accountable for the deaths of 157 people in the crash.
According to an investigation by The New York Times, concerns began to surface in late 2018, just weeks after a Lion Air 737 MAX plunged into the sea in Indonesia, killing all 189 people on board. The cause was identified as a malfunction in the aircraft’s Manoeuvering Characteristics Augmentation System (MCAS), designed to prevent the plane from stalling. The system erroneously pushed the plane’s nose down, leading to the fatal crash.
Ethiopian Airlines, which also operated the same model, became concerned about the safety of its fleet and sought guidance from Boeing. The airline’s chief pilot sent urgent queries to Boeing, requesting detailed instructions on how to handle a similar malfunction in their aircraft. The request was specifically aimed at understanding what to prioritize in the event of multiple simultaneous system failures, including the handling of MCAS.
Instead of providing detailed safety procedures, Boeing referred Ethiopian Airlines to a public bulletin issued after the Lion Air crash. The document summarized general emergency procedures but did not directly address the airline’s specific concerns regarding the handling of complex emergency scenarios.
Boeing justified its limited response by citing international crash investigation protocols under Annex 13 of the International Civil Aviation Organization (ICAO). The company claimed it was restricted from sharing more information as it was assisting in the Lion Air crash investigation. This decision has been widely criticized by aviation safety experts, who argue that Boeing could and should have shared more critical safety information.
In March 2019, the feared scenario for Ethiopian Airlines became a reality. A 737 MAX operated by the airline experienced an MCAS malfunction shortly after taking off from Addis Ababa. The pilots faced a barrage of warnings and conflicting signals, overwhelming their ability to respond to the system failure. Within minutes, the plane plunged to the ground, killing all 157 people on board.
While it is unclear whether more detailed guidance from Boeing could have completely prevented the crash, aviation experts agree that the lack of critical safety information likely contributed to the pilots’ inability to regain control of the aircraft. «Any information provided to the Ethiopian pilots, like the one we received, could have made the difference between life and death,» said Dennis Tajer, spokesperson for the Allied Pilots Association.
Following the Lion Air crash, Boeing provided comprehensive briefings to U.S. pilots, including those from American Airlines. These sessions included detailed technical discussions about MCAS, covering its interaction with key aircraft systems, and long-term strategies for managing potential failures. However, Ethiopian Airlines did not receive briefings of such depth, creating a stark contrast in how safety information was shared among 737 MAX operators.
Emails between Ethiopian Airlines and Boeing, obtained by The New York Times, reveal that the airline’s chief pilot was asking many of the same questions as U.S. pilots, but did not receive the same level of information. The lack of detailed guidance, experts say, left Ethiopian Airlines at a disadvantage and ultimately contributed to the second fatal crash involving the 737 MAX.
Legal battle and accountability
The families of the victims have seized on this disparity in treatment as part of their ongoing legal battle against Boeing. The emails have become central evidence in their attempt to block a plea deal reached between Boeing and the U.S. Department of Justice in 2021. That deal allowed Boeing to avoid criminal prosecution in exchange for a $2.5 billion settlement. However, the families of the victims argue that the deal does not hold Boeing adequately accountable for its role in the Lion Air and Ethiopian Airlines crashes, which together claimed 346 lives.
«The only way to achieve true accountability is through a public trial,» said Erin Applebaum, a lawyer representing 34 of the families. «They want the public to know what happened between those two crashes, what the executives knew, and when they knew it.» The Ethiopian government’s investigation into the crash, published in December 2022, echoed the families’ sentiments. The report concluded that if Boeing had provided more detailed information about the MCAS system and how to manage a failure, the crash could have been avoided.
Boeing’s decision to withhold critical safety information is drawing widespread condemnation. Aviation safety analysts said that Boeing’s argument of relying on Annex 13 protocols to limit the disclosure of information is a misinterpretation of its obligations. Jim Hall, former chairman of the NTSB, stated: «I am not aware of any incident where that article has been used to prevent the transfer of critical safety information.»
As Boeing faces more federal investigations into safety issues with the 737 MAX, including a recent incident involving an Alaska Airlines flight, the pressure for transparency and accountability grows. The families of the victims of the Ethiopian Airlines crash remain steadfast in their demand for justice, with some, like Naoise Connolly Ryan, who lost her husband in the crash, calling Boeing’s actions «criminal.»
«If someone had put lives and safety above corporate interests, my husband would be alive today,» Ryan said.
The plea agreement between Boeing and the Department of Justice is now under review by a federal judge, who will hear arguments from all parties before deciding whether to accept the deal. The families hope the court will reject the agreement and force a public trial, where Boeing executives would be directly accountable for the company’s actions. The manufacturer, in a statement responding to questions about the emails, said: «We will never forget the lives lost on these flights and their loved ones. Their memory and the hard lessons we learned from these accidents drive us every day to uphold our responsibility to all who depend on the safety and quality of our products.»
As the legal proceedings unfold, the spotlight remains on Boeing’s handling of the 737 MAX and whether the company failed to prioritize safety over profits, leading to two accidents that could have been prevented.
