Merlin arent stupid enough to have a product out there that is potentially lethal. If someone died and it was proven they knew about a fault, and hadn’t issued a recall, they’d most likely be up on criminal charges
More than likely the op just got a duff one..
To be really clear I’m not posting RE Merlin here, only the scenario in general –
How does the brand know that fork was a duff one, Vs an indicator of a duff process affecting a number of forks? It’s hard to be sure and that’s why so many batches of carbon products get recalled.