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Dex Cool Settlement: Interview with Eric Gibbs

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San Francisco, CA"From the perspective of our clients, the Dex Cool settlement is quite an achievement," says lawyer Eric H. Gibbs, of Girard Gibbs LLP. "There are over 100 named plaintiffs and hundreds of thousands of class members, making this one of the largest recoveries arising from allegations of automobile defects that I know of."

A number of lawsuits were filed as class actions against General Motors (GM) in state and federal courts across the United States involving "Dex-Cool" extended-life engine coolant. Among other things, the lawsuits alleged that Dex-Cool in certain vehicles caused problems with the vehicles' engines or cooling systems, and that certain engine components, such as the nylon/silicone lower intake manifold gaskets equipped in certain vehicles, were defective.

GM denied any wrongdoing but has agreed to a class action settlement of the lawsuits. The company argued that Dex-Cool protected engines for a longer period than traditional coolants, caused less wear on certain engine parts than traditional coolants, and provided environmental benefits. GM further argued that alleged problems with the vehicles' engines or cooling systems were caused by owners not following the maintenance instructions for their vehicles or other factors.

Gibbs explains that this settlement reflects five years of hard work on the part of the court and the lawyers. And of course, the outcome is that the money goes back into the pockets of countless people that had to get their cars fixed. GM will reimburse class members up to a specified amount for certain repair costs they paid during the first seven years or 150,000 miles of vehicle ownership or lease, whichever is earlier.

"Our goal was to provide some type of reimbursement so we have largely achieved our goal," says Gibbs. "The settlement reimburses people for repairs that they had to make on their vehicles. Most will recover about $400; others from $400-$800; while others will receive anywhere from $50-$100, depending upon how old their vehicle was at the time of repair."

Regarding the impact this settlement has on future defective products, Gibbs wonders if tort reform has eroded consumer rights to such a large degree that it will be unusual to see meaningful recoveries in consumer protection cases like the one we achieved in the Dex-Cool litigation.

"Although the claims period hasn't opened yet, people can check out our website".

We have posted information about the settlements and ultimately our site will link to a settlement website where people can file claims. At this point the California court has given preliminary approval to the settlement, a court in Missouri will consider preliminary approval on Friday and the courts will hear final approval in late August and early September.

READER COMMENTS

Posted by

on
This is Ludicris! GM should be doing more than just paying a portion of the cost of repair. What about time spent waiting for a tow, a repair, money for a rental, tips for the tow guys, pain and suffering (trying to get to work without a vehicle) etc.
I am the sole owner of a 2003 Pontiac Grand Am, GM serviced and repairs were $2500 for a head gasket/coolant flush and they never test drove it to check for "air bubbles" before giving it back to me.
One year later the bolt for rocker arm is stripped! Only could have happened during repair work. Mechanic refuses to compensate. Says "junk it" or replace entire cylinder head. For Shame GM. Time for a second class action suit!

Posted by

on
I submitted a claim back in 2009, on my Chevy Impala. Never got any money for my claim.

Posted by

on
I just found out about this lawsuit and I would like to file a complain on 8/1/15 my truck freeze plug rusty out and my truck continue to over heat clogging the cooling system.

PS: Please help

Posted by

on
having promblem with manifold gasket on my 2005 impala, this will be the second time i have replace the gasket, It's there any assistant out there for me! Gasket leaking because of Dex-cool, Never heard anything about claim or law suit for the dealer or Cherovlet!

Posted by

on
I submitted my claim on April 2008, and received a settlement of $400 of the $485 repair bill on a '99 Olds Delta 88. I was pleasently surprised of the award. However, I am very dissapointed in GM's approach on other "Known Problems" which they have failed to correct and refused to compensate for my trouble. I am no longer a loyal GM owner after 25yrs. The GMC Safari and Chevy Impala have had problems which cost me well beyond the $485 gasket repair.

Posted by

on
I filed my paperwork right after the law suit started back in 2008, and have not received a dime for my expenses. Is there someone that I can contact to find out why not. The information on the settlement website is very limited. I guess they don't want anyone calling them, I have changed over to Chrysler. I had 3 cars with the same problems.

Posted by

on
To include in this comment I bought this 1989 Mercury Sable used with only one owner previous to me after 1995 and turned around and purchased for my daughter a 2002 Chevrolet Cavalier for my daughter that required the use of dex-cool, told her to only get it serviced by a GM dealer, and she had so many problems, she had to buy another car.

Posted by

on
I just so happen to look up some information for credit card fraud and ran across this class action suit that I was part of and never received any monetary compensation for a 1989 Mercury Sable I owned and had problems with at the time of this lawsuit. Can you please help me to settle with General Motors?

Posted by

on
I also filed a dex-cool claim and recive nothing.

Posted by

on
I also filed a legitimate dex-cool claim and received nothing. To thimk they even got a govt. bailout and are still not required to pay their bills! Go figure.

Posted by

on
I James Harris sumitted a valid claim for the GM dex cool litigation ,and have recieved nothing for my settlemet of money i paid out to have that gasget on the manifold repaired . I am not being treated fairly by your claims administrators i would like to have my money from the GM settlement .

Thanking You
James Harris

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