Software problems of the 2008 Ford Escape

My Ford Escape's power steering suddenly went out in my while driving, it made the rest of the ride home from work extremely difficult and unsafe. I did my research and found there was in fact a Ford recall on this issue for my year and model car, however my VIN was not included in the recall, only the software update which I did handle in September 2014 at the dealership. The recall states the affected vehicles have a steering torque sensor that may not be able to properly detect steering input. As a result could remove the esp assist (electric power steering) we talked with Ford corporate and they said it was not part of recall but if the exact part that is included in the recall that will be replaced at no charge, they would work with us to have it replaced. When we brought it to local dealership, they confirmed after getting the error code the torque sensor did need to be replaced. They would not assist us in fixing it and after 2 calls to a supervisor we got them to escalate to Ford that still denied claim, and service manager even agreed that it should be added to the recall list when we picked it up that night. We called Ford again and talked with customer service and they said it had been too long since the software upgrade and nothing they could do. I will be reporting Ford to the bbb and still trying to escalate further as this car should be included in the recall due to the safety issue. All they said was to report it to the NHTSA site.