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Grieving Family Files Wrongful Death Lawsuit Against American Airlines

May 8, 2018 By Sean Lally

Wrongful Death on Airplane

Brittany Oswell was only 25 years old when, on April 15th, 2016, she suffered an embolism and cardiac arrest aboard an American Airlines flight from Hawaii to South Carolina. According to a lawsuit – filed by Brittany’s husband, Cory Oswell, and her parents, Christopher and Tina Starks – Brittany started slurring her speech before she finally passed out in her seat.

A doctor, who happened to be flying that day, initially thought she was merely having a panic attack, but after she collapsed in the bathroom and defecated on herself, the same doctor suggested that the pilot land the plan as soon as possible, so she could get emergency medical attention. There was no response. The doctor went to the cockpit to speak directly with the pilot. Still, the plane continued on its way to Dallas-Fort Worth, the lay-over destination.

The pilots apparently spoke with a physician on the ground and were given instructions to continue on their way. The journey would take an extra 90 minutes – time Brittany didn’t have. Desperate, the doctor attempted to use the medical equipment aboard the plane, but to her astonishment, the blood pressure instrument was busted and so too was a defibrillator that failed to give a shock to Brittany’s dying heart. When finally, she arrived at the hospital in Dallas, the physicians found no brain activity. She was taken off life-support, shortly after, and died.

Fallout

Brittany would no longer be able to continue her studies in Columbia, South Carolina, and her family, devastated by the tragedy, was left with no choice but to file a wrongful death suit against the airline company. Brad Cranshaw, the plaintiffs’ attorney, spoke with The State, recounting the events as they unfolded. He emphasized the number of times the doctor submitted his request: “The doctor asked to land the plane three times,” he said, continuing, “The doctor who was holding Brittany was begging them to land.”

Airline’s Response

American Airlines followed the usual script: “We take the safety of our passengers very seriously and we are looking into the details of the complaint.” Still, the company dragged its feet in responding to the complaint. As of April 25th, American Airlines had not indicated whether they were commencing an investigation or not. Brittany’s parents, left without a daughter, and her husband, left without a partner, are seeking pain and suffering damages for their consequent emotional distress, anxiety and grief.

Family’s Response

The Starks spoke with the New York Times, expressing their disbelief and horror at the tragedy. “A decision was made not based on the human life that was on board or based on safety,” Ms. Starks told the reported. “Frustration doesn’t really describe how disappointed and heartbroken and just immensely discombobulating it has been.” Mr. Starks, for his part, couldn’t fathom the decision to continue flying to Texas: “They should have landed at the very next possible opportunity.”

Cranshaw echoed the sentiment of the Starks, saying, “When Brittany got on the plane, she stepped into her coffin. It’s a tragedy.” Grim, though it is, Cranshaw’s statement describes the situation perfectly, if the allegations put forth in the legal complaint are indeed true.

The Cost of Life

American Airlines will surely receive criticism for its alleged negligence, particularly considering the fact that Southwest airlines has recently received praised from actor Molly Ringwald – whose father became ill during a flight – for their “their speed and professionalism.” According to Paul Hudson, leader of FlyersRights.org, airlines consider a number of factors when deciding to do an emergency landing, and since unscheduled landings are particularly expensive, companies like American Airlines try to avoid them. “It costs money to do an emergency landing and there’s a delay involved,” said Hudson.

In one case, Hawaiian Airlines had to land a plane due to an inebriated passenger, and it cost them $150,000 to pay for the ground crew, the fuel and a number of other associated costs. American Airlines made its decision to continue flying, even as Brittany lay dying. Allegedly, the company elected to save money while neglecting to save a life. In the coming year, we may see how a jury feels about their decision.

If you or someone you love has been injured on a flight, talk to a lawyer.

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Filed Under: Lawsuit, Wrongful Death

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