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Tuesday, 5 November, 2002, 16:49 GMT
Court told of DVT flight dangers
The court heard criticism about airline seating space
Deep vein thrombosis can leave airline passengers crippled or dead, the High Court has heard.
Fifty-six people are fighting a landmark legal case against 28 airlines for failing to warn them or their relatives about the risk of DVT, also known as economy class syndrome. Counsel Stuart Cakebread told the court in London there was a "profound" impact of flying for long hours in cramped conditions. The three-day hearing began on Tuesday and will consider whether DVT can be classed as an accident under the terms of the 70-year-old Warsaw Convention.
The court heard the counsel's intention to focus on the issues of international law, human rights and international treaties. Mr Cakebread told Mr Justice Nelson and the court: "But, we must not lose sight of the fact that the outcome of this action is of the most profound personal importance to the 56 claimants. "All say that they or their deceased relatives have been injured or killed as a result of flying in the defendants' aircraft.
Mr Cakebread said there was "a causal link between air travel and DVT". He described DVT as a condition where a small blood clot forms in the deep veins, particularly in the legs, and complications in other organs can lead to death. He said the claimants suffered because of "acts and omissions" by the airlines, including seating too close together and a failure to warn passengers of the dangers. 'No link to flying' Before the hearing, lawyer Des Collins, who is representing the claimants, said he believed these claims were just the tip of the iceberg. He condemned the airlines for an "appalling silence" about the alleged risk. The airlines are expected to argue they are protected under the 70-year-old convention from paying compensation for medical problems classed as a passenger reaction to the normal operation of an aircraft.
The advice they offer passengers during flights is a reaction to their concerns and media reports, the airlines claim. Sarrol Khan, director of the Aviation Health Institute, says he doubts the claims will succeed because of the strict wording of the Warsaw Convention which governs such cases. The 56 claims relate to passenger DVT-related deaths and injuries. Among those bringing claims is Timothy Stuart, of Llanmartin, Newport, south Wales, on behalf of his former fiancee, Emma Christoffersen. The 28-year-old died two years ago after developing a blood clot on a 20-hour flight from Australia to London. Tips to lower the risk of developing DVT include walking around the aircraft during a flight and wearing tight stockings. Have you experienced any of the issues raised in this story? Send us your views using the form below.
I am not saying the airlines should or should not be held responsible for these cases. It is worth remembering that those that are still here to fight this case have already won a huge battle - they are still alive. My condolences got out to those who have lost a loved one, but what joy will this court battle bring them?
As long as people want cheaper air travel, the airlines will continue to cram more passengers into aircraft. My sister was a flight attendant with a charter airline. When people complained about the lack of room, she used to tell them to go and pay double the amount to fly with BA, and get more room.
After flying from Toronto to Manchester on a six hour flight I developed a limp in my right leg, the pain got worse over a couple of days so my husband made me go to the hospital. I did not think that six hours was long enough to develop DVT. And I was moving my legs during the flight. But I was wrong! It was a DVT.
Judy, UK
At 81 years of age, I travel between the island of Mallorca and LA at least once every year and the airlines have been giving advice to move around and/or do exercises in one's seat for at least the 16 years that I have been making the journey. So they cannot be held responsible.
My wife who is a little over five foot has experienced severe discomfort on some cheaper flights, and could not even bring her knees together on one, despite her small stature. It is impossible to assume the correct position for an emergency landing if the seat in front is too close. |
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