British court stops clot victims suing airlines

LONDON - A London court has blocked an attempt by victims of "economy class syndrome" to sue airlines over claims that cramped seating on long-haul flights gave them potentially deadly blood clots.

In a ruling with important implications for airlines worldwide, the High Court said blood clots did not constitute an "accident" under the Warsaw Convention. The 1929 treaty makes airlines liable for damages only in the case of an accident.

The decision, which ran counter to a ruling made earlier in a similar case in Australia, was based on the judge's reasoning that an "accident" was an unexpected and unusual event "external to the passenger".

"There was no unexpected or unusual event or happening," Judge Robert Nelson said.

Victims have until January 28 to appeal against the decision.

The case was launched by 55 victims and their families against 27 airlines, including Europe's biggest British Airways and the world's largest carrier, American Airlines.

The airlines argued that deep vein thrombosis (DVT) was not a flying disease, and not an accident under the Warsaw Convention, and therefore they could not be held responsible.

An Australian court took the opposite view and gave the green light to a lawsuit there against Qantas and British Airways over a blood clot suffered by a passenger on a long-haul flight.

Last week, American Airlines 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.

- REUTERS

Herald features:
Economy class syndrome
Health