February 25, 2008
Woman Dies During Flight to JFK, Family Blames Airline
On Friday, a woman traveling from Haiti to New York City died on the American Airlines flight. Her cousin say the crew initially refused to give her oxygen and that when they did, the oxygen tanks were empty and the defibrillator wasn't working.
Carine Desir, who lives in Brooklyn and is a nurse, "collapsed an hour into the flight." She was traveling with her brother Joel Desir and cousin Antonio Oliver, who tried to get the plane's crew to help her. At first, Desir was very thirsty, but then had trouble breathing. Oliver says the flight attendant initially refused his cousin's request for oxygen, prompting Desir to say, "Don't let me die."
The AP reports other passengers "became agitated over the situation" so the flight attendant did give Desir oxygen, but found the tank empty. When doctors and nurses who were on the flight did tried to give her oxygen, they found the a second tank empty. The pilot agreed to divert the plane to Miami (45 minutes away), but Desir died and her body was moved into the first class section.
Desir did have heart disease, and the NYC Medical Examiner's office determine she died of natural causes. Her brother said, "Maybe she could have been saved." And her husband told the News, "How can a big plane like that not have the proper equipment? It's unacceptable. She didn't get any help."
|
I don't like American as a company, but this family has zero case.
You think the planes going to germany and hawaii have empty air bottles? I don't know if the oxygen would have saved her, but it should have been there
Doesn't surprise me. AA has cut down so much on services and equipment in the past few years that this sort of thing would be expected. What does surprise me is that their dinosaur planes can even take off and land.
Two doctors and four nurses on that flight.
We don't know all the details of the cause of her death, but if there was a functional emergency medical pack on that plane, she stood a fighting chance. She complained of shortness of breath and had a history of heart disease. Could be pulmonary edema, which could have been treated with oxygen, a diuretic...and a diversion of the plane to a closer airport. Jen, I'd check FAA regs, but I think commercial planes are required to carry such a kit.
According to this discussion on airliners.net, there would have been at least four oxygen bottles on the A300 used for this flight. Even if the first two were empty there still should have been plenty available.
I disagree #1, and believe the family will have a very strong case. Certainly, this is criminal negligence. Desir was refused oxygen until the other passengers became agitated and complained about the situation. After the delay, oxygen was brought to her but both tanks were empty. Additionally, a report from MSNBC states that the defibrillator was not functioning correctly.
Failure to act quickly and defective equipment played a role in her death. What else is empty or not working on American Airline flights?
My condolences to the family.
in court, the airline will not be found repsonsible.
if she has any history of heart issues, it's her issue, not theirs.
on a lighter more human note, rest in peace.
Actually, the family does have a good claim against American for negligence. To prevail in a negligence claim it would have to be shown that American owed her a duty (which it did, as she is a passenger in their airplane), and that they breached that duty (which they did by not having functioning medical equipment on board).
While American will use the argument that she had a pre-existing heart condition, that's not enough to overcome their duty of care.
Btw, I'm a real lawyer -- I don't just play one on Gothamist.
A simple search of FAA regs reveals this document, which seems to require an emergency medical kit on board any aircraft flying with at least one flight attendant.
http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/ad17ac650d9b89748625710700523941/$FILE/AC121-33B.pdf
I think American failed in its duty to protect this passenger.
Because this was an international flight, any lawsuits will be limited by the terms of the Warsaw Convention. IINM, the airline's potential liability will be more limited than would have been the case had this happened on a domestic flight.
I just hope that the docs and nurses that were on the flight don't get sued. They were just trying to help out as best as they could.
No pillows, few (dirtly) blankets, no food, filthy cabins - no surprise AA had empty oxygen tanks and an unworking defibrillator on board. Most American Airlines workers that the paying public encounters (from phone operators to check-in personal to flight attendants) are bitter, resentful folks who seem to hate their jobs. Perhaps that is due to treatment from above. However, it's hardly a surprise that a passenger dies on an AA flight (possibly due to negligence). It's fits right into the current AA flying experience.
I agree that she may have a strong case. The fact that she had a heart condition is irrelevant since in tort law you may be held liable for all consequences resulting from activities leading to an injury to another person, even if the victim suffers a pre-existing medical condition. This is a classic eggshell case.