The biggest problem here is that Cascade was marketing and selling this very expensive helmet as NOCSAE certified and it is not. This is the defect and the legal liability problem.
People who bought this helmet thought they were getting something that they were not. Coaches told parents to upgrade their youth helmets to the R because it was the best protection on the market. Everyone thought it was a better design and the latest technology in safety. Doesn't matter what the reality is about head injuries or old helmets or how safe it really is.