Question:

This morning (6/9), I caught a news blurb that a couple of airlines ( I don’t know which) were found responsible for a passenger’s death.  It appears an elederly woman was traveling with necessary medication in her bag, and had contacted the airlines about her condition, and that she needed her bag as a carry-on. I did not hear what the size of the bag was she needed.  She got to the airport where her bag was refused as a carry-on.  Allegedly she tried to convice the gate agent she had to have the bag and that it had been cleared by the airline(s).  She was told that was impossible and the bag was checked, and she got on the plane. The airline lost her bag and could not find it in a short period of time.  The woman was hospitialized and she died later, allegedly from complications of her illness which the mnedication could have prevented this occurrence. The judge rulked that the airline(s) (there may have ben more than one involved on her trip) was responsible for her death!!! Anyone heard anymore about this? Wayne

Response:

http://www.nytimes.com/aponline/national/AP-Airline-Asthma.html?searc… link is free for only a few more days. Airlines were AA and BWIA, flying LAX-Guyana – Hide quoted text — Show quoted text – This morning (6/9), I caught a news blurb that a couple of airlines ( I don’t know which) were found responsible for a passenger’s death.  It appears an elederly woman was traveling with necessary medication in her bag, and had contacted the airlines about her condition, and that she needed her bag as a carry-on. I did not hear what the size of the bag was she needed.  She got to the airport where her bag was refused as a carry-on.  Allegedly she tried to convice the gate agent she had to have the bag and that it had been cleared by the airline(s).  She was told that was impossible and the bag was checked, and she got on the plane. The airline lost her bag and could not find it in a short period of time.  The woman was hospitialized and she died later, allegedly from complications of her illness which the mnedication could have prevented this occurrence. The judge rulked that the airline(s) (there may have ben more than one involved on her trip) was responsible for her death!!! Anyone heard anymore about this? Wayne

Response:

It would be better to post the article, since the link only brings you to a registration page. – Hide quoted text — Show quoted text – http://www.nytimes.com/aponline/national/AP-Airline-Asthma.html?searc… link is free for only a few more days. Airlines were AA and BWIA, flying LAX-Guyana This morning (6/9), I caught a news blurb that a couple of airlines ( I don’t know which) were found responsible for a passenger’s death.  It appears an elederly woman was traveling with necessary medication in her bag, and had contacted the airlines about her condition, and that she needed her bag as a carry-on. I did not hear what the size of the bag was she needed.  She got to the airport where her bag was refused as a carry-on.  Allegedly she tried to convice the gate agent she had to have the bag and that it had been cleared by the airline(s).  She was told that was impossible and the bag was checked, and she got on the plane. The airline lost her bag and could not find it in a short period of time.  The woman was hospitialized and she died later, allegedly from complications of her illness which the mnedication could have prevented this occurrence. The judge rulked that the airline(s) (there may have ben more than one involved on her trip) was responsible for her death!!! Anyone heard anymore about this? Wayne

Response:

Thanks

Response:

It would be better to post the article, since the link only brings you to a registration page.

Here is the article: June 8, 2001 Airlines Liable in Asthma Case —— A.P. INDEXES: TOP STORIES | NEWS | SPORTS | BUSINESS | TECHNOLOGY | ENTERTAINMENT —— By THE ASSOCIATED PRESS Filed at 3:13 p.m. ET LOS ANGELES (AP) — A federal judge ruled that two airlines are liable for a woman’s death because they made her check a bag containing her asthma medication and then lost it. Her family was awarded $170,000. U.S. District Judge Christina A. Snyder on Thursday held American Airlines and British West Indies Airlines responsible in the death of Caroline Neischer, 75, who was traveling from Los Angeles to Guyana for her grandson’s wedding. It was the first time an airline has been held liable for a death because of mishandled luggage, said Ned Good, former president of the Consumer Attorneys of California. “It should put all airlines on notice that medical equipment that is used in the active care of a passenger must be made sure to be at the right place at the right time,” Good said. Neischer had wanted to carry on a bag with an inhaler and other asthma medication, but a ticket agent made her check it. The bag was returned in two days, by which time she was suffering from acute anxiety and breathing problems. She entered a Guyana hospital, where she died a week later. Both airlines were held liable even though it was unclear whose agent forced her to check the bag, or why an agent would do so; she had carried the same bag full of medication on the trip several times before. Airline lawyers had argued that Neischer suffered a pre-existing condition and contracted a respiratory infection during the flight that the medication would not have helped.

Response:

It would be better to post the article, since the link only brings you to a registration page.

The article may be copyrighted and restrictions placed on redistribution without permission.  If you are not registered, registration is free.

Response:

I heard parts of this on the radio today.  It was American Airlines and a foreign airline (I don’t remember which one).  I am interested also in hearing more details of this.  I can’t understand why the lady did not take her inhalant and any other medically necessary items on board with her in a smaller carry-on. A similar type incident happened to a relative of mine this week on board another airliner’s flight. Since she was sitting in a bulkhead seat, the FA told her she had to give her the large purse size bag she keeps her diabetic supplies in and allow her to store it in one of the overhead bins which was many rows back.   My relative refused to give up the bag because she was concerned she might need certain items at a time when she would not be allowed to get out of her seat.   Also,  in case of emergency,  she wanted the bag with her at all times.    The FA sited FAA rules to her but wisely ended up allowing her to keep the bag on her lap the entire flight. I certainly do feel the airlines are responsible if they insist on taking needed medical supplies away from passengers.  However, I also feel it is our responsibility to take all measures to see that this does not happen by carrying these items aboard in a suitable sized  bag we can keep with us. Mary

Response:

It would be better to post the article, since the link only brings you to a registration page. The article may be copyrighted and restrictions placed on redistribution without permission. If you are not registered, registration is free.

Then he could post the relevant facts.  No, I don’t want to register.

Response:

- Hide quoted text — Show quoted text – A similar type incident happened to a relative of mine this week on board another airliner’s flight. Since she was sitting in a bulkhead seat, the FA told her she had to give her the large purse size bag she keeps her diabetic supplies in and allow her to store it in one of the overhead bins which was many rows back.   My relative refused to give up the bag because she was concerned she might need certain items at a time when she would not be allowed to get out of her seat.   Also,  in case of emergency,  she wanted the bag with her at all times.    The FA sited FAA rules to her but wisely ended up allowing her to keep the bag on her lap the entire flight. I certainly do feel the airlines are responsible if they insist on taking needed medical supplies away from passengers.  However, I also feel it is our responsibility to take all measures to see that this does not happen by carrying these items aboard in a suitable sized  bag we can keep with us.

Well, in the case of your relative, the size of the bag wasn’t the issue, so what exactly is your point?   If the FA was so concerned about the bag, she/he should have moved someone else’s bag to the overhead at the back of the plane and allowed your relative, who was in the bulkhead seat, to store her purse where she could get at it.  Or, the FA could have switched your relative’s seat with someone else’s seat, so that she could store her purse under the seat in front of her.   It seems to me that the FA had several solutions that would have fit the FAA rules, but instead just tried to take this woman’s medical supplies.  This was a moronic thing to do, and if your relative had become ill, the airline would absolutely have been to blame in my opinion.

Response:

My point, Rosie, was that even when your medical bag "is" the proper size, it is very concerning to think that even the FA’s aboard the plane may, unthinkingly, try to take it from you and store it where you can’t quickly get it when needed or  in an emergency.  I feel the airlines need to reeducate "all" their employees concerning this important subject.   Mary

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Wasn’t there another incident last year where an airline refused to let a diabetic passenger bring their insulin needles on board?

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"Rosie" has the same smart-ass writing style as "Sheryl".  Could they be one and the same?  Sheryl’s name hasn’t appeared for a while—

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If it was SO important, why didn’t she take it out of the bag before it was checked?

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If it was SO important, why didn’t she take it out of the bag before it was checked? I don’t know about the lady in question, but it’s *very* easy to confuse my Grandma.  No doubt, faced with the lack of sympathy to her distress, and feeling helpless in the face of a merciless autocrat confused her to the point where she wasn’t thinking clearly enough to realise that she should do just that.  And as she got more and more agitated, she was unable to think clearly enough to come up with a solution to her problem (eg, go to a doctor or hospital when she landed for a new prescription, since she was okay initially). Just Joan

losing bags is predictable and passengers should obviously not put vital medications in checked bags — this is passenger negligence — it is amazing to me that the airline is being held responsible for her death.

Response:

- Hide quoted text — Show quoted text – If it was SO important, why didn’t she take it out of the bag before it was checked? I don’t know about the lady in question, but it’s *very* easy to confuse my Grandma.  No doubt, faced with the lack of sympathy to her distress, and feeling helpless in the face of a merciless autocrat confused her to the point where she wasn’t thinking clearly enough to realise that she should do just that.  And as she got more and more agitated, she was unable to think clearly enough to come up with a solution to her problem (eg, go to a doctor or hospital when she landed for a new prescription, since she was okay initially). Just Joan losing bags is predictable and passengers should obviously not put vital medications in checked bags — this is passenger negligence — it is amazing to me that the airline is being held responsible for her death.

Hold your fire . She was *forced to* by the gate agent, apparently.

Response:

- Hide quoted text — Show quoted text – If it was SO important, why didn’t she take it out of the bag before it was checked? I don’t know about the lady in question, but it’s *very* easy to confuse my Grandma.  No doubt, faced with the lack of sympathy to her distress, and feeling helpless in the face of a merciless autocrat confused her to the point where she wasn’t thinking clearly enough to realise that she should do just that.  And as she got more and more agitated, she was unable to think clearly enough to come up with a solution to her problem (eg, go to a doctor or hospital when she landed for a new prescription, since she was okay initially). losing bags is predictable and passengers should obviously not put vital medications in checked bags — this is passenger negligence — it is amazing to me that the airline is being held responsible for her death.

She didn’t put her medication in a checked bag, she put it in a carryon. She’d reportedly taken the same bag as a carryon on the same trips before. This time a ticket agent apparently insisted she check it, despite her stating that it carried medications that she needed aloft. No word as to whether either party suggested a smaller bag.  However, if the airline didn’t, I think it’s a bit much to call it passenger negligence when an old lady fails to come up with a solution to a dilemma she didn’t predict.  I also think a wise airline avoids killing its customers, and that it’s not a bad idea to have plastic bags around for such an eventuality. I wouldn’t phrase it quite as strongly as Joan in the absence of information about the exchange, but I take pretty much the same view when it comes to the plausibility of her failing to adjust to the situation. Even if it does occur to her (or is mentioned to her) that she could put it in a smaller bag, she may not *have* a smaller bag, or realize that that could mean the ziplock bag that holds her toothbrush and glasses, or know where in the airport you could buy a magazine that will give you such a bag, or have the money for such a thing on her. I’m all for passenger responsibility, but I don’t actually think that it’s unreasonable to expect an airline to have dealt with the situation differently than it sounds like they did.  I also don’t see that there’s a whole lot of room for misuse by a policy of responding to "But I *can’t* check my bag, it’s got medication in it!" with "Here’s a bag you can use to carry your medication on the flight." Deborah Stevenson

Response:

- Hide quoted text — Show quoted text – If it was SO important, why didn’t she take it out of the bag before it was checked? I don’t know about the lady in question, but it’s *very* easy to confuse my Grandma.  No doubt, faced with the lack of sympathy to her distress, and feeling helpless in the face of a merciless autocrat confused her to the point where she wasn’t thinking clearly enough to realise that she should do just that.  And as she got more and more agitated, she was unable to think clearly enough to come up with a solution to her problem (eg, go to a doctor or hospital when she landed for a new prescription, since she was okay initially). Just Joan losing bags is predictable and passengers should obviously not put vital medications in checked bags — this is passenger negligence — it is amazing to me that the airline is being held responsible for her death. Hold your fire . She was *forced to* by the gate agent, apparently.

well nevermind

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In article <Pine.SGI.4.10.10106101306180.276947- I wouldn’t phrase it quite as strongly as Joan in the absence of information about the exchange, Have you ever tried to tell a gate agent they can’t do something?  

Why on earth would I phrase it like that if I wished to elicit a useful response?  I’ve informed gate agents of errors and problems several times with no problematic response, but no, I’ve never said, "You can’t do that!"  Mind you, even if she did say that, she was, it sounds, clear enough on why that the airline should have responded appropriately. But the violin-section rhetoric of her helplessness "in the face of a merciless autocrat" isn’t something I would engage in.  It’s pleasant to stir up the blood with images of a drill sergeant barking orders at her, but that’s more a sop to self-righteousness than anything gathered from the actual reports.  I’ve seen errors borne of hurried anxiety and sweet noncomprehension, too, and they’d leave her just as dead.  The problem isn’t that they were mean–we don’t know that they were.  The problem is that they were wrong.  Even if she was the meanest bitch alive and snarled at them when she gave them the information and they were sweet as pie throughout, this was the same degree of mistake. The best part about this is that they can’t pin down the actual gate agent responsible.  That was the excuse given to me once when I got unacceptable service from a desk agent and complained, even though he would have had to make a change to my ticket, and thus the computer would know who he was.  

I don’t think I’ve ever tried to pin something like that down.  I could see that they might not be able to pin it down to which actual agent, since it could be anyone staffing the area for that flight or that time, but I’m surprised they haven’t been able to narrow it to a pool. Deborah Stevenson

Response:

losing bags is predictable and passengers should obviously not put vital medications in checked bags — this is passenger negligence — it is amazing to me that the airline is being held responsible for her death.

Did you even read the news report?  She put her medications in her CARRY-ON, not her checked bags.  However, due to lack of room on-board, the airline staff confiscated the bag with her medication and then lost it.   —

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