TL* THE CONTACT OWNED A 2003 MERCEDES BENZ E320. HE WAS DRIVING 35MPH ON 12-15-05 WHEN THE BRAKES FAILED AND A CRASH OCCURRED WHICH SEVERELY INJURED HIS SHOULDER. A POLICE REPORT WAS FILED AND THE CONTACT WAS GIVEN A CITATION. THE CONTACT NOTICED A YELLOW BRAKE WARNING LIGHT PRIOR TO THE FAILURE ON THE INSTRUMENT PANEL. THE CONTACT STATED HE SUSTAINED INJURIES FROM HIS TOES TO THE TOP OF HIS HEAD INCLUDING A CONCUSSION AND MEMORY LOSS. HE WAS TAKEN TO AN EMERGENCY ROOM WHO ONLY DIAGNOSED HIM WITH A FRACTURED ANKLE. THE BRAKE PADS WERE REPLACED THREE TO FOUR WEEKS PRIOR TO THE FAILURE. THE CONTACT LATER FOUND OUT THAT THE RECALL REPAIR WAS NOT PERFORMED AT THAT TIME BUT WAS DIRECTLY RELATED TO THE FAILURE. HE HAD BEEN CONFINED TO A COUCH OR A BED SINCE THE CRASH OCCURRED DUE TO THE INJURIES HE SUSTAINED. HE ALSO HAD A FRACTURED VERTEBRAE, HIS HIPS AND KNEES WERE SNAPPED, HE LOST ONE KIDNEY AND HIS STOMACH WAS PLACED BEHIND HIS HEART DURING SURGERY TWICE FOR THE BLEEDING THROUGH HIS ARTERIES. THE CONTACT STATED THAT RECALL 04V296000 , SERVICE BRAKES, HYDRAULIC MFR'S REPORT DATE: JUN 22, 2004 AND NHTSA CAMPAIGN ID NUMBER: 05V133000 , SERVICE BRAKES, HYDRAULIC, MFR'S REPORT DATE: MAR 31, 2005 ARE DIRECTLY RELATED TO THE FAILURE. THE ELECTRONIC BRAKING SYSTEM WAS ENGINEERED IMPROPERLY AND WAS NO LONGER BEING INSTALLED IN MERCEDES BENZ. HE STATED THAT NHTSA THOUGHT THAT MERCEDES WOULD TAKE CARE OF THE RECALL AND ITS CUSTOMERS; HOWEVER, THEY FAILED TO DO SO. THE INSURANCE AGENT C