This story began when a federal jury in the United States District Court for California ordered American Airlines to pay a large sum of money to two passengers. Jesús Plasencia and Ana María Marcela Tavantzis were the two beneficiaries, following an accident during a transatlantic flight from Miami to Madrid. The lawsuit highlights that the appropriate protocols were not followed at the time of the incident, resulting in serious consequences. Ultimately, the Montreal Convention brought this case to a close. Read on to learn more about the accident.
American Airlines had to pay more than $11 million
American Airlines has been ordered to pay more than $11 million to a passenger who had a stroke on board a flight. After a six-day trial, the jury reached a verdict the previous week in the two-year legal case in a California US District Court.
It is a fact that has been discussed in the airline industry and has had a major impact on procedures for dealing with medical emergencies.
When the incident took place
Jesus Plasencia was traveling along with his wife, Ana Maria Marcela Tavantzis, in November 2021 on board American Flight 68 from Miami to Madrid. Court documents explain that by the time the plane was still at the gate, Plasencia briefly lost the ability to speak and was suddenly not able to pick up his phone. His wife, preocupated that he was showing symptoms of a stroke, then warned a flight attendant and the pilot.
The pilot “dismissed Tavantzis’s preocupations
However, the complaint explains that instead of following American Airlines’ established protocols, such as consulting its medical hotline or requesting help from a medical professional on board, the pilot “dismissed Tavantzis’s concerns, joked with Plasencia, and cleared him for take-off.” While flying over the Atlantic Ocean, Plasencia then had a stroke.
“It is shocking that American Airlines responded so poorly to a medical emergency like this,”- It must be underlined that the airline tried to defend its conduct by suggesting Plasencia had pre-existing conditions.
Hannah Crowe, another lawyer on the case, said the family plans to use the award to make their Watsonville home wheelchair accessible.
This is a case in which there is a difference of opinion, as the two groups of people involved have always wanted to fight for what they believe is rightfully theirs.
What the Court says aboout the happening
Court documents say he was taken to the hospital after landing in Spain, still being in critical condition for more than three weeks before returning to the US via air ambulance. The retired chef can no longer speak or write and needs daily care, the case says. Tavantzis has been her husband’s primary caregiver.
Plasencia would have been taken to Miami hospital
The couple argued that had the American Airlines crew followed correct protocols, Plasencia would have been taken to a Miami hospital, where timely treatment would have miglioted the outcome.
“Today, Plasencia can neither speak, write, nor communicate effectively, much less walk, feed, bathe himself, clothe himself, or use the toilet without assistance”.
“Plasencia depends entirely on daily, significant, around-the-clock, in-home care and intensive rehabilitation.”
Jurors found American Airlines negligent under the Montreal Convention, which governs airline liability on international flights, due to the fact that its crew failed to follow medical protocols.
What they finnal awarded
They finally awarded $13.28 million in damages, however, they reduced the amount by 27.5% after assigning partial responsibility to the plaintiffs, leaving $9.6 million. With interest, the final judgment totaled $11.06 million.
American Airlines didn’t immediately respond to a request for comment.
“The safety and well-being of our passengers is our highest priority,” the airline said in a statement. “While we respect the jury’s decision, we disagree with the verdict.”
