Airline passengers battling for compensation over deep vein thrombosis (DVT)
lost a court of appeal bid today to overturn a legal ruling blocking their
claims.
Three senior judges dismissed an appeal brought by 24 claimants against a
decision by a high court judge last December that the condition - dubbed
"economy-class syndrome" - was not an accident under the terms of the 1929
Warsaw Convention.
Lord Phillips, the Master of the Rolls, sitting with Lord Justice Judge
and Lord Justice Kay, announced at the beginning of their ruling that the
appeals were "dismissed".
Solicitors for the claimants - who included survivors of DVT and
relatives of those who died - described the decision as a "major blow". Ruth
Christoffersen, whose daughter Emma died in 2000 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."
Solicitor Desmond Collins, of Collins Solicitors, commented: "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 jurisdictions.
"New European legislation, anticipated shortly, will compensate
financially passengers whose flights are delayed, yet victims of DVT fail 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."
John Smith MP, who introduced his aviation health bill in the House of
Commons yesterday, said: "This is a disappointing result and a setback for
the general safety of the flying public. I urge both the House of Commons
and the House of Lords to unite in bringing about justice as well as a
change in the law to guarantee corporate responsibility."
The 18 airlines involved in the contested appeal include British Airways,
Qantas, Airtours International Airways, Monarch Airlines Ltd, JMC Airways
Ltd, Virgin Atlantic Airways, and Continental Airlines.
There were originally about 50 claimants in the group action, but the
judges heard that the remainder did not have the funding to continue with
"expensive" litigation.
DVT is a blood clot, usually in the leg, which develops when movement is
restricted. It can be fatal if the clot reaches the lungs or brain. Airlines
say there is no evidence of a specific link between flying and DVT.