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Boston GlobeArmy officials were aware that the Raytheon-built Patriot air-defense system had difficulty distinguishing between friendly and enemy aircraft but deployed the missiles in the Iraq war after deciding the system was needed to protect troops, a Raytheon Co. executive stated in a recent legal filing.
The statement was filed in a lawsuit brought by the family of a Navy pilot who was killed by a Patriot missile while flying over Iraq in 2003. The declaration marks a rare acknowledgment of problems with a mainstay of the Army's air-defense arsenal and underscores what Raytheon says is a key issue in the case - whether a defense contractor can be sued over the way soldiers use its products in the heat of combat.
Traditionally, defense contractors have been shielded from many claims by the "political questions doctrine," which bars courts from second-guessing some decisions by troops or other government representatives. Raytheon has raised this doctrine in the case filed in federal court in Boston by the family of Navy pilot Nathan D. White, who allege that the company was negligent in the design of the system and that its weaknesses were well known prior to the accident.
At a Dec. 19 hearing, US District Court Judge Richard G. Stearns denied a motion by Raytheon to dismiss the case, saying it raised "fascinating issues" that the family deserved the chance to explore.
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However, later reviews forced the Army to scale back its claims Patriot had a near-perfect record shooting down incoming targets in that conflict, and led to heavy spending on upgrades. When Patriot missile batteries were deployed to protect troops in the 2003 invasion of Iraq, they destroyed nine incoming missiles but also were involved in three friendly-fire incidents that killed three allied airmen, including both fliers of a British Tornado jet.
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http://www.boston.com/business/technology/articles/2007/12/26/raytheon_army_aware_of_missiles_flaw/