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Airlines win on blood clot claims
LONDON, England -- A British court has blocked an attempt by victims of "economy class syndrome" to sue airlines over claims that cramped seating on planes put passengers at risk of potentially deadly blood clots. The judge said the clots did not constitute an "accident" under the Warsaw Convention. Airlines are liable for damages only in the case of an accident under the treaty. The case pitted victims of deep vein thrombosis (DVT) against British Airways, KLM, Virgin Atlantic and 24 other carriers. The ruling was a blow for a group of 55 survivors of DVT and grieving relatives of those who died who were seeking over an alleged breach of duty of care. Mr. Justice Nelson, sitting in London, gave his decision in the contested preliminary issue of whether DVT can be an accident under the terms of the 1929 Warsaw Convention. His ruling 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. Victims have until January 28 to appeal the decision. Major U.S. carriers -- including American Airlines, United Airlines, Delta Airlines and Northwest Airlines -- were named in the suit, as were Japan Air Lines, Qantas Airways Ltd and Singapore Airlines. The world's largest carrier, American Airlines, last week reached an out-of-court settlement in a blood clot case. Airlines and blood-clot victims around the world will be watching eagerly for any rulings in the United States, where courts hand out the richest damages in the world. In the UK court, victims claimed small seats and long hours in the air are to blame for the condition and say airlines failed to warn passengers of the risks, despite knowing of them for years. The airlines rejected the claims. The case had centred on the international aviation treaty, the 1929 Warsaw Convention, that says airlines are liable for damages only if an accident happens while a passenger is on board. The airlines argue that deep vein thrombosis (DVT) is not an accident, and that the carrier cannot be blamed. Gerda Goldinger, lawyer for the claimants, said: "The industry should not be able to hide behind the Warsaw Convention." The airlines maintain DVT is not a flying disease. Sean Gates, a lawyer for the airlines, said: "It is a disease which affects a large number of people with risk factors... including inactivity." He said people who were overweight, dehydrated or taking birth control pills might be at special risk. Anyone immobile for a long time -- hospital patients, taxi drivers and television addicts -- could be struck down. If their attempt to sue under the Warsaw Convention fails, DVT victims and their families argued they were entitled to pursue the suit under international human rights law. Both sides have said they were likely to appeal if the case went against their interests. The World Health Organisation has launched a four-year investigation into DVT to determine its frequency and causes and to identify people at greatest risk and the best methods to prevent it. The Geneva-based group will also investigate the impact that low cabin pressure and oxygen levels may have on the condition.
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