SPACEHAB Files Court Complaint for Losses on Space Shuttle Mission.HOUSTON -- SPACEHAB, Incorporated (NASDAQ/NMS:SPAB SPAB Society for the Protection of Ancient Buildings (UK) SPAB School Pupil Activity Bus SPAB Supply Priorities and Allocations Board SPAB Security Policy Advisory Board SPAB Society for the Preservation of Adolescent Behavior ), a leading provider of commercial space services, announced today that it is filing a civil complaint against NASA NASA: see National Aeronautics and Space Administration. NASA in full National Aeronautics and Space Administration Independent U.S. with the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in Houston, Texas for loss and damages suffered during the Space Shuttle Columbia tragedy in February 2003. The Company's research double module and related equipment were destroyed, along with the space shuttle and her crew, during reentry reentry n. taking back possession and going into real property which one owns, particularly when a tenant has failed to pay rent or has abandoned the property, or possession has been restored to the owner by judgment in an unlawful detainer lawsuit. at the conclusion of the STS-107 mission. In November 2004 SPACEHAB filed a claim with NASA under the Federal Tort Claims Act Enacted in 1946 the Federal Tort Claims Act (FTCA) (60 Stat. 842) removed the inherent Immunity of the federal government from most tort actions brought against it and established the conditions for the commencement of such suits. (FTCA FTCA Federal Tort Claims Act FTCA Federal Trade Commission Act FTCA French Central Technical Armament Establishment ) of $79.7 million for recovery of the losses on the flight. After NASA failed to respond to the claim within a reasonable period of time, the Company was left no choice but to consider the claim as denied and then pursue restitution in the Federal Court system. Under the FTCA, SPACEHAB claims that NASA's actions and omissions led to the space shuttle disaster and the destruction of the Company's flight assets. The complaint identifies the tragedy as a foreseeable consequence of NASA's negligence as documented in the Columbia Accident Investigation Board The Columbia Accident Investigation Board (CAIB) was convened by NASA to investigate the destruction of the Space Shuttle Columbia upon atmospheric re-entry on February 1, 2003. (CAIB CAIB Columbia Accident Investigation Board (NASA) CAIB Canadian Accredited Insurance Broker CAIB Community Action Information Board CAIB Caribbean Association of Indigenous Banks, Inc. CAIB California Association of Independent Business, Inc. ) report which represents the findings of the post-accident investigation. Columbia's destruction was caused by insulating foam that came loose from the external tank on launch and damaged the orbiter's wing. The CAIB found that NASA was long aware of the danger and frequency of these kinds of foam strikes; a very serious one which occurred just two missions before the STS-107 mission. According to the CAIB, and as alleged in the complaint, NASA ignored its own rules, failed to fix the problem, and improperly allowed Columbia to launch in the face of this unaddressed danger. NASA has stated that the Agency 'accepts the findings of the CAIB' and 'embraced the report and all that is included in it.' "We are disappointed that NASA took no action to resolve this claim, and that we had to resort to the courts in order to achieve a fair and reasonable settlement," stated Michael E. Kearney, SPACEHAB President and Chief Executive Officer. "These valuable assets, developed through private capital investment, have served NASA well on nineteen missions. We believe the private sector's participation in the space program is essential to the maturation of a robust space industry, but this goal is made extremely difficult in the current environment where 'business as usual' is prevalent." SPACEHAB is the only company to successfully conceive, design, develop and operate significant commercial space research and cargo assets for the space shuttle and International Space Station programs. To date, two claims have been filed with NASA. The first claim, the contract claim, which was filed in January 2004 for recovery of the module and associated equipment, totaled $87.7 million and included subrogation The substitution of one person in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or Securities. of insurance proceeds of $17.7 million received from underwriters. NASA paid $8.0 million plus interest in October 2004 claiming its liability was limited under the contract. In December 2004 SPACEHAB appealed the denial of the contract claim beyond $8.0 million through the Armed Services The Constitution authorizes Congress to raise, support, and regulate armed services for the national defense. The President of the United States is commander in chief of all the branches of the services and has ultimate control over most military matters. Contract Board of Appeals. The contract claim is in the discovery phase. The second claim, the tort claim, was filed in November 2004 for $79.7 million ($87.7 million less the partial recovery of $8.0 million). About SPACEHAB, Incorporated SPACEHAB, Incorporated (www.spacehab.com) is a leading provider of commercial and government space services with three primary business units. The Flight Services business unit develops, owns, and operates habitat and laboratory modules and cargo carriers aboard NASA's Space Shuttles for Space Station resupply re·sup·ply tr.v. re·sup·plied, re·sup·ply·ing, re·sup·plies To provide with fresh supplies, as of weapons and ammunition. re and research purposes. SPACEHAB's Astrotech subsidiary provides payload processing support services support services Psychology Non-health care-related ancillary services–eg, transportation, financial aid, support groups, homemaker services, respite services, and other services for both commercial and government customers at company-owned facilities in Florida and California. The Company's Government Services business unit supports NASA's Johnson Space Center providing configuration management, product engineering, and support services for both the Space Station and Space Shuttle programs. Additionally, through The Space Store, Space Media provides space merchandise to the public and space enthusiasts worldwide (www.thespacestore.com). The statements in this document may contain forward-looking statements that are made pursuant to the Safe Harbor provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. Such forward-looking statements are subject to risks, trends, and uncertainties that could cause actual results to be materially different from the forward-looking statement. These factors include, but are not limited to, continued government support and funding for key space programs, product performance and market acceptance of products and services, as well as other risk factors and business considerations described in the company's Securities & Exchange Commission filings including the annual report on Form 10-K. Any forward-looking statements in this document should be evaluated in light of these important risk factors. The Company assumes no obligation to update these forward-looking statements. |
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