Friday December 20, 2002
Victims of deep vein thrombosis (DVT) suffered a major setback today after the high court ruled they could not sue airlines for causing the condition.
The ruling was a blow for a group of 55 survivors of DVT and grieving relatives of passengers who died from the so called “economy class syndrome” who are seeking damages from 27 airlines, including British Airways and Virgin Atlantic, over an alleged breach of duty of care.
The judgment against the compensation bid came hours after an Australian court cleared the way for another group of passengers to sue airlines in a similar case.
But judge Mr Justice Nelson, sitting in the high court in London, blocked the group’s damages action after deciding that DVT could not be considered an accident under the terms of the 1929 Warsaw convention.
The judge ruled that: “The agreed factual matrix does not disclose an accident under article 17 of the Warsaw Convention.”
He added that article 17 “does not provide a fault-based theory of liability which imposes liability upon the carrier where death or injury is caused by its culpable act or omissions”.
The judge earlier refused to grant an adjournment for the claimants to make further argument at a later hearing on the impact of the ruling in Australia.
He said: “I am satisfied that it is appropriate for the line to be drawn. The line should be drawn now.”
But the claimants were given leave to appeal.
By: mongu - 21st December 2002 at 18:17
RE: Airlines Not liable for DVT, a court rules.
[updated:LAST EDITED ON 21-12-02 AT 06:19 PM (GMT)]I disagree Kev. Cramped seating does not equal negligence.
When I fly, I stretch my muscles every few hours. I go for long wanders to the toilet at least once every 5 hours, meandering around the cabin. I alternate my foot position – either stretching out with my feet under the seat in front, or on the footrest. I drink plenty of water. I started wearing Scholl flightsocks the last few times.
If I’m awake, there’s less chance of me being immobile than if I sleep. I stay awake through a combination of IFE, a book, jotting things down on a pad of paper. I bring a choccie bar on board, and I also bring along 2 bottles of mineral water and two cans of Nescafe instant. I bring my MD player and a few disks. Even pro plus tablets are an option, though I have only taken these when studying and not when flying somewhere.
If you take an aisle seat, you’re OK. I never, ever take a window seat or (even worse) those horrible middle-of-row seats unless Im flying with family or friends.
Conclusion: passenger have the information and the ability they need to substantially reduce the risk of DVT. Realistically, seat pitch will not improve in cattle class. We’re stuck with our 31 or 32 inches. But with what I’ve said above, that’s just about enough unless you’re 6 foot 6. What happened to the great British traditon of making do, Kev?
By: kev35 - 21st December 2002 at 17:45
RE: Airlines Not liable for DVT, a court rules.
Mongu,
“As far as I know, hospitals do try and move patients a bit so as to avoid bed sores and so forth.”
That is entirely my point
“If negligence = injury then yeah, of course they should be sued.”
That’s why I think airlines should take some responsibility for passengers who develop DVT. They know that seating passengers with insufficient legroom is a significant factor in the development of DVT. The videos and exercises are just a sop to distract attention. Sitting shaking your hands with Mr. Motivator will not significantly reduce the risk of developing a DVT.
Regards,
kev35
By: mongu - 21st December 2002 at 17:29
RE: Airlines Not liable for DVT, a court rules.
As far as I know, hospitals do try and move patients a bit so as to avoid bed sores and so forth.
If negligence = injury then yeah, of course they should be sued.
By: kev35 - 21st December 2002 at 17:17
RE: Airlines Not liable for DVT, a court rules.
Wys,
“How about the sizeable but unreported number of cases of DVT in hospital wards where patients lie in bed for a long time without moving.”
From my experience I would suggest that the anecdotal evidence would point far more to patients suffering from other complications of immobility rather than DVT. Among these are pneumonia, fluid on the lungs, constipation, blood pressure anomalies, pressure sores, dropped foot. I saw few patients with DVT which occurred whilst hospitalised. Hospitals love to put patients in compression stockings directly to help the circulation. I think that is probably one of the few things hospital are successful at.
“Should the hospitals be sued?”
Possibly, and in an increasingly litiginous society, probably. It could be said that hospitals have a ‘duty of care’ to their patients so I am surprised that people don’t sue when dressings aren’t changed correctly, people on two hourly turns are missed leading to an increased likelihood of pressure sores. If we accept that, then surely the airlines should take some responsibility for people who develop DVT as a result of using their services. Yes, videos are shown and advice given but they continue to cram passengers into seats with inadequate legroom. Passengers are encouraged to walk about but that’s hardly practical is it? A pressurised steel and aluminium tube with passengers squeezing to walk down aisles barely more adequate than the legroom?
“The patients aren’t made aware of the risks there anywhere like as much as they are on an airline flight.”
That’s because the risk of the other complications of immobility are more significant. You have surgery these days and you are being mobilised as soon as is possible, you receive physiotherapy, depending on your condition you have an exercise regime.
Sorry, Wys, but I have to disagree on this one.
Regards,
kev35
By: KabirT - 21st December 2002 at 16:16
RE: Airlines Not liable for DVT, a court rules.
I also disagree that airlines should be sued due to DVT. DVT is caused by not fully cooked or warmed fod in-flight, lack of liquids and movements etc. The airlines has made videos and show them before flight how to avoid DVT….if people just ignore them like they do nothing much can be done.
By: wysiwyg - 21st December 2002 at 16:11
RE: Airlines Not liable for DVT, a court rules.
How about the sizeable but unreported number of cases of DVT in hospital wards where patients lie in bed for a long time without moving. Should the hospitals be sued? The patients aren’t made aware of the risks there anywhere like as much as they are on an airline flight.
By: mongu - 21st December 2002 at 00:32
RE: Airlines Not liable for DVT, a court rules.
It’s not as straight forward as that T5.
We all know fast food is bad for you, and some of us avoid it (some of the time!) as a result. It’s our fault if we get fat or spotty.
But with DVT, the risks were not widely known about until a few years ago. But…the airlines knew, and a lot of the legal case surrounds the fact that airlines collectively hushed it all up. Had they not done so, maybe lives would not have been lost. Didn’t you notice the airlines started giving you leaflets at check-in and on the cabin TV’s only after the court cases started? I don’t think for one moment the airlines only realised the dangers of DVT when the court papers were lodged, and not before!
Also, we do have a choice about not eating fast food. Do we have a choice over getting DVT?
NO.
Okay, the risk is reduced by sitting in biz class, but charter airlines don’t normally offer this. Scheduled airlines normally do, but the price is beyond the means of most. I fly biz when my employer picks the tab, which isn’t too often. Normally I pay myself, and I can’t afford to pay £7,000 return whenever I go long haul. I can afford £500 though. Is it therefore my fault if I get DVT, because I refused to pay for an option which would reduce the risk?
Bottom line – the airlines have a duty to help prevent DVT, although if you do get it then it isn’t their fault. As long as they try, they’re OK. But until a few years ago, they didn’t try. Now, we have leaflets, seatback TV advice and footrests in economy class.
By: T5 - 20th December 2002 at 23:04
RE: Airlines Not liable for DVT, a court rules.
Good news. I do not believe an airline can be held responsible for causing Deep Vein Thrombosis.
It’s like people trying to sue McDonald’s recently because they were fat and blamed the fast food restaurant for their weight. These people chose to ate at McDonald’s as people do choose to fly. Everyone knows the risks or consequences of doing something.
When you look at it, airlines do mostly feature simply exercises which could be carried out to prevent DVT setting in. If those who die as a result of it choose not to exercise, then they are to blame – the airline is trying to prevent it happening.
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December 20, 2002 at 8:52 pm