DVT claimants lose appeal

Thursday, 3 July 2003 12:00 AM

The Court of Appeal has blocked moves from victims of so-called economy class syndrome to win compensation from a host of international airlines including British Airways, Virgin Atlantic and Cathay Pacific.

24 claimants, who included relatives of those who have died from deep vein thrombosis (DVT) as well as survivors of the condition, had taken their cases to the Court of Appeal following the High Court judgement last year that airlines could not be held responsible.

And the appeal judges today upheld that decision, ruling that under the 1929 Warsaw Convention the injuries suffered could not be defined in law as an accident.

18 long-haul carriers were involved in the case, including British Airways, Virgin Atlantic, and Monarch. The claimants insisted that their families should have been warned about the risk, which they alleged had been known to airlines for decades.

Deep vein thromboses are blood clots, usually occurring in the legs, that can be fatal if they are dislodged and travel to the brain or lung.

The hearing was told that it was common knowledge as far back as World War II that packed seating caused DVT.

But the aviation industry countered that the 1929 Warsaw Convention only required airlines to pay damages in the event of accidents, and DVT could not be classed as such because it was a reaction by individual passengers to the ordinary circumstances of flying,

After the ruling today, Desmond Collins, solicitor for the DVT victims, said: 'This litigation has been lengthy and expensive for a lot of people.

'Today's ruling has been unhelpful on an uncertain point of law and provides no uniformity with other jurisdiction.

'New European legislation anticipated shortly will compensate financially passengers whose flights are delayed, yet victims of DVT failed to be recognised.

'For the sake of the law, the victims and their families, we are determined to take this to the House of Lords.'

Ruth Christoffersen, whose daughter Emma died after suffering DVT on a flight from Sydney, said: 'I am saddened and disheartened at today's decision. Nothing can bring our daughter back, but the judges have shown compassion for the airlines only.

'They all have a responsibility to the general public to advise them of the dangers of flying and protect them from harm.'

The other airlines cited in the action were China Airlines, Qantas, KLM Royal Dutch Airlines, Northwest Airlines, Liat, South African Airways, Monarch Airlines, Delta Airlines, JMC Airways, Air Europa, Continental Airlines and Malaysian Airlines.

Scientists generally accept that there is a link between prolonged confinement, as happens onboard planes, and DVT, and passengers are now advised to remain mobile, while those who may be predisposed to blood clots are advised to take extra measures such as taking aspirin and wearing support stockings.

Tags: