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Subscribe to RSSThe family of a passenger who died of a heart attack on an American Airlines flight earlier this year is blaming the carrier for food poisoning and for allowing the man to board a flight while noticeably ill, according to the Miami New Times.
Othon Cortes died shortly after eating a meal on a Barcelona-to-New York flight on May 18, according to a lawsuit filed by the man's family. While at JFK airport, Cortes “became pale, experienced ‘sharp stomach cramps’ and was suddenly very thirsty.” When Cortes, who was traveling with his wife, boarded a subsequent flight to Miami, his illness was “expressed and obvious” to American Airlines, but the couple were allowed on the plane anyway, according to the widow’s account in the article.
On the plane to Miami, Cortes suffered from nausea and shortness of breath, and eventually had a heart attack and died, the Miami New Times reported, noting that a suit was filed by the family against American Airlines and Sky Chefs, the airplane catering company that provided the meal on the first flight.
The lawsuit stated that the airline was negligent in allowing the man to board the domestic flight, failing to provide medical attention, and waiting too long to pull an emergency landing.
American Airlines could not comment on the case as it's an active lawsuit, said spokesperson Tim Smith. "In general, I can tell you that our aircraft are equipped with medical supplies approved by the FAA and our crews are trained in numerous procedures related to any type of medical emergency onboard the aircraft in-flight," Smith said.
Msnbc.com reached experts from the government, medical field and travel industry who spoke generally about food safety and boarding procedures. Their comments were not specifically about the case detailed in the Miami New Times article.
“We’re not aware of receiving any complaints regarding passengers whom the airlines should have denied boarding due to illness but who nevertheless were allowed to fly,” said Bill Mosley, a spokesman with the U.S. Department of Transportation. It's usually the other way around, he said, with customers filing complaints because they were denied boarding.
Regarding food illnesses, the department’s database captures general complaints about unsatisfactory food service, but does not have a more specific subcategory. “Most of these complaints involve the taste of the food or that there is not enough or no food available,” Mosley said.
The Food and Drug Administration (FDA) has statutory authority over the safety of airline food, he said, so when DOT receives airline food poisoning complaints, they are sent directly to the FDA and are not necessarily entered in the database.
The actual number of food poising incidents contracted while flying is not easily tracked, the FDA said, as the airline catering industry has elements of food manufacturing, retail, and institutional food operations, that in addition to oversight by FDA, is highly regulated by multiple federal, state, and local health authorities.
Food poisoning does sometime occur as a result of airline food, but “it’s very rare,” said Henry H. Harteveldt, a travel industry analyst and co-founder of the Atmosphere Research Group, a market research company. “Airlines and their catering companies take a number of steps to ensure the meals that are served are safe.”
Robert L. Quigley, M.D., regional medical director of the Americas Region for International SOS, a health care, medical and security assistance company that provides emergency response to travelers, said food poisoning symptoms typically manifest 12 to 24 hours after ingestion, “although certain types of very virulent bacteria do manifest within six hours.” It is rare, he added, that food poisoning symptoms would manifest in less than six hours, but not impossible. On the other hand, heart attacks occur in-flight “with much more frequency than the public realize.”
Dr. Quigley also said that while symptoms of food poisoning, such as dehydration, might factor in to a heart attack, it is uncommon for food poisoning to be the sole or primary cause of cardiac arrest.
Boarding while ill raises interesting issues for both passengers and carriers.
“There is some personal responsibility here,” said Steve Lott, spokesman for Airlines for America, formerly known as the Air Transport Association of America, (ATA), a trade group representing the principal U.S. airlines. “It’s the passenger’s judgment that’s the most important.” However, “in the case of a medical emergency in flight, the airlines have a lot of resources available,” he said.
“Airline employees are not trained medical professionals. Travelers must take responsibility for themselves,” said Harteveldt, the travel industry analyst. However, passengers should make airlines aware of that they are not well at the first opportunity. “Most airlines will work with customers to get them the medical attention they need,” he said.
When should a person not fly?
“As a medical assistance company, we get calls about that on a daily basis,” Dr. Quigley said. “I don’t think we can expect the commercial airlines to have medical screeners at the door of every flight. The onus is on the passenger to make that assessment,” and to speak with a doctor or nurse if they are concerned.
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If he was so noticeably ill, why didn't his wife prevent him from boarding and get him to a hospital? The answer is simple, there would have been no chance to file a stupid lawsuit for too much money. He's dead, she helped kill him, end of story and lawsuit.
The airline will argue contributory negligence, which would bar all recovery should the company win. If it is comparative negligence, as some jurisdictions use (such as New York), then the airline may still be held liable, but would pay less. It depends what jurisdiction hears this case. The Plaintiff (i.e. the widow) will try to have this in comparative negligence territory, while the Defendant (airline) will try to move this to the latter. I could see a big jurisdiction battle.
The airline is somewhat at fault, but would definitely win under contributory negligence. While it was the wife's fault (and the husband's fault) that he boarded the plane, what if the husband's condition was a virulent pathogenic disease and, because the airline let him board, countless others became ill and died. Would that change things and make the airline "more" at fault? In an age where terrorists are trying to get a hold of biological weapons, this could be a possible scenario.
Indeed, Cliff.
What exactly is she suggesting the airline should have notice that she didn't? She's his wife, is worried about him, paying attention to every moment of his illness, worrying about him... shouldn't she know better than some airline attendant when it comes to her husband's health and well being?
I agree, people need to take responsibility for their own health. Do not expect strangers to be able to diagnose your condition boarding a plane.
They didn't think he was too sick to get on, so why would the airline? Go away and get a life.
I agree that there needs to be some personal responsibility. Airlines are notorious for being negligent in various ways but in this case the people should never have boarded the plane.
It is also extremely unlikely that the food they fed him contributed to the man's heart attack. He was probably headed there no matter what - the smart choice would have been to seek medical attention, not get on a plane.
If any person traveling with me fell ill the obvious response would be 911. A free call from any pay phone or cellphone. She obviously saw that her husband was ill and should have called emergency services. American Airlines does not advertise medical or hospital services. They advertise traveling services. If she can prove that the meal provided by AA is responsible for his death then OK.
This lady is crazy it was their choice to board the plane and she is the wife and she let him board the plane!!! I think she killed him just to file this stupid suit! It is people like this that destroy our economy! Take from the big Companies equal a loss in jobs!!!!!!
I agree the lady is most likely crazy ---crazy with grief and looking some one or some thing to blame for this death and to ease her nagging guilt for allowing him to leave knowing he was sick, The internal dialogue with herself must be pretty hard to live with...:if only I had said: "Don't go...." and I am sure she had a myriad of questions like what if? why did? Who is to blame? And I am sure someone around her (most likely her lawyer) is hoping to make some serious coinage after this is done, ,
No kidding, people, if you notice your husband is ill, you don't let him on the plane. Don't blame the airline! For all they knew, you were taking him to a special hospital for medical treatment and didn't want to delay him. They're not doctors or nurses, it's not their job to diagnose passengers before letting them on a flight. This is clearly a grief reaction of anger, trying to find someone else to blame for his death and get a boatload of money. The airlines do a lot of stupid stuff, but in this case, I hope they send this lady and her troop of money-grubbing lawyers packing!
Had they stopped him from boarding to protect the rest of us on the plane American Airlines would still be wrong... he had a "Right" to board that plane and since they are not medical personnel, they cant diagnose him....
They are in a no win situation with this..... a lawsuit happy world has allowed this.....
Who better to know the condition of the man than his wife! If she thought he was well enough to fly then he was, and imagine the uproar if the airline had said no to them! This really smells of looking to get money!!!
Another bs and frivolous lawsuit this one is. The wife was standing next to him, why the hell didn't she call 911 or ask the security at the airport for some assistance.
It;'s not as if they tossed this mans azz of the plane while in flight. She boarded the flight right by his side. She, the wife is responsible for her husband, and the restaurant is responsible for serving bad food, but in no way is the airline responsible for her and him both for being stupid and boarding a plane when you are feeling ill and having sever stomach pains.
I hope the airline wins and they should, and then the judge orders her stupid azz to pay for all their legal fees.
Man not allowed to board plane...man allowed to board plane, either way the airline gets sued. we see it all the time, deep pockets are targets. I think the wife should be sued.
Obama's fault..........??
Ditto!
My thoughts exactly. Its not the airline's responsibility to check everyone that walks in to see if they are sick or not. Tickets and fees are already outrageous without incompetent people wanting staffed dr's on board to hand hold them.
Have a little personal responsibility. Oh wait, then there would be no reason for a ludicrous lawsuit.
an adult who made a choice, now the family wants paid.
Yes, it's always the fault of someone else.
Hmmm, let's see now: A grown man is not feeling well yet he boards a plane with his adult wife, who also does not prevent him from boarding, they get onboard and out of all the passengers, he is the only one who gets "food poisoning" even though some of the other passengers ate the same thing he did.....Do I have that right so far? Continuing on his journey (still not feeling well but not telling anyone?!!! like an attendant and he and his adult wife board another plane and he dies!!!!! This woman and the man's family must think the airlines involved have never run across schemers like her and the family. How is the airline to know someone is ill if they know it and don't reveal it? I bet when they get the medical records on the dead man, his history of heart problems is probably as long and as wide as the jet the traveled on. I smell a rat on this one. If they get a dime from the airlines involved, I will be greatly surprised but then, so will this family. Greed, money and the blame game are all working together here.
I hope our legal system will do what it should, throw this thing out!
ditto to Mike-399184 comment
This women does not want to assume responsibility for her own "inaction". This is an example of "frivolous" lawsuit that help bankrupt companies.
Actually "frivolous" lawsuits rarely bankrupt companies and make up a very small percentage of lawsuits. It's the ones with actual merit and when the company is actually guilty as charged is what causes some bankruptcies.
Yea, like Pan Am. No, wait.
Let's not foist all the blame on his wife. My husband is in poor health and over the years I have learned that the more he insists he's okay when I suspect something is amiss, the more likely it is he should see a doctor immediately or go to the emergency room. But the first time something happened, I believed he "just stumbled" when he fell. It was not until day later when he started not making much sense that I drove him to the hospital -- very much against his will.
In terms of the airline, I doubt they are at fault. A heart attack can present in various ways, not just the classic "elephant sitting on your chest."
Reckon she would've sued if American had denied them the right to board. I'm sorry the guy passed away, but I think American would be fully within its rights to counter-sue, for time and money lost fighting this suit. The reek of the ambulance chaser lies all over this one...lawyers from Mordor.
The wife be put in jail for not taking care for her husband. She probably poisoned him to get money from the airlines. Check if she has got some secret Spanish lovers on the side.:)
Ditto what AlanDeanFoster stated concerning them suing if they had been denied boarding the plane. litigious people are going to sue no matter what an outcome is. I, too, am sorry this man has passed away, but this lawsuit is ridiculous. People need to stop playing the "blame game" and start being responsible for their own actions.
The real sick thing about some people is that they are willing to blame someone else for things that sometime just happen and trying to make money on the back of their dead relatives. If I was them i would be ashamed to dirty the memory of the deceased person in that way! Just plain shameful that our society permit this kind of behavior!
Although it is unfortunate this gentleman died, I will have to agree with everyone else thus far. It is also mentioned that we should not put all the blame on the wife. This is true, the rest of the "blame" would be on the gentleman himself. If "his illness was expressed and obvious to American Airlines" then it was obvious to both of them who would then make the decision whether or not to board the plane. The very MOST the airline could have done was to ask... that's it, and that is only if they knew he was ill.. he could have a bad cold or allergies... and they certainly aren't going to know how sick he is unless HE tells them. Also, it mentions he felt ill "shortly after eating"... How long is shortly? 5 minutes? An hour? Certainly not 6 hours. Once again I feel for the family, but unless the airline did something negligent on the flight (keep in mind they are NOT doctors), there is no foundation for a suit.
Did American Airlines hold a gun to his head and force him to fly? Do you think anyone with half a brain could take personal responsability for thei actions? Do you think a bottom feeding lawyer and a greedy couple are in collusion here?
Personal responsiblity wins out here. He and his wife knew he was sick, he boarded the plane anyway and then ate, even though he did not feel well. Sorry he died but it did improve the gene pool.
No doubt these two were looking to get money in a corrupt way. It's disgusting how many people in this world are so eager to file a lawsuit over their own stupidy and actual greediness. But If that man wanted to go so far as to board a plane if he was that sick, then he was as ignorant as the courts of law if this wife suceeds in filing a lawsuit against the airline.
If she manages to get this suit filed in the Florida courts I will give 2 to 1 odds that she wins. Not saying she should win, but that she will win. There are just too many people out there with a hate for the airlines.
it could get interesting then.... I think BK trumps 2-1 odds. I'd bet they just lump her case in with everyone else they owe. pennies on the dollar? 5 million becomes what? 500k bet the lawyer still wants his cut of the 5 million though.
Well my only rerply to you Plapen is if these two scammers hate the airlines so much then I guess that explains why this man boarded a plane while evidently clearly aware that he was so ill but He WAS WILLING TO RISK HIS LIFE, FOR WHAT, HE'S DEAD NO LAWSUIT IS GOING TO BENEFIT HIM IN THE GRAVE NOW.
did she look for the lawyer, or did the lawyer look for her. the term ambulance chaser comes to mind.
This is a frivolous lawsuit on so many levels...
Airline food? LOL - right... I'll bet it was one of those fat 400 pounders, hoggin up his third sandwhich while sitting in 1 seat plus half of another unpaid seat (again) while using someone else's overhead luggage space as usual...
The heart attack came when they told him there wasn't enough food remainding, to have yet another...
Two years ago, I boarded an AA flight from Chicago to DFW. I felt a bit bad but as the flight progressed I became more and more ill and vomiting. The crew was wonderful to me but as we neared DFW they approached me and asked if DFW was my final destination. Had it not been AA refused to allow me to board another flight and were prepared to call medical assistance to the gate for me, or provide me with some sort of hotel voucher.
I believe it would have been the same with this man, if he was acting as sick as I was-they would have reacted in the same manner. Flight crews cannot read minds-tell them when something is wrong.
allowing the man to board a flight while noticeably ill..however saying the food poisoning is what did him in? Hmm, so the other option would have been denying his boarding and having a lawsuit for that? They are screwed either way. Honestly, people need to accept responsibility for their own actions and quit blaming others. If it were food poisoning, wouldn't the other 200+ passengers on board been sick as well? The woman just needs to accept that her husband is dead and there isn't anyone to blame. We all die sometime and what should all families do? Sue the hospital (done), sue the car makers (done), sue the doctors (done), or sue God or whoever your greater power might be. Really come on people. Get over it.
One tray can be contaminated without the others being affected. How do you know an airline employee didn't do something to break the seal or otherwise cause the food poisoning? You talk about personal responsibility, how about business responsibility?
RIP dear man, but this is a ridiculous lawsuit. I hope the airline is successful in fighting it. Don't settle.