Episode of Deep Vein Thrombosis Not an "Accident" Under Warsaw Convention

On June 18, 2001, Michael Blansett flew from Houston, Texas to London, England on a Continental Airlines flight. During the flight, he suffered an episode of deep vein thrombosis (DVT), causing a cerebral stroke that left him permanently debilitated. DVT involves the clotting of blood in the extremeties and can cause death or disability if a clot migrates to the lungs or other vital organs.

Blansett sued Continental, alleging Continental's liability under Art. 17 of the Warsaw Convention. Article 17 makes an airline responsible for an injury to a passenger on an international flight when the injury results from an "accident." Continental moved to dismiss Blansett's complaint under FRCP 12(b)(6), but the district court denied the motion. The district court reasoned that Continental's failure to warn passengers about DVT and instruct them how to avoid it might be an "accident" under Article 17. Continental took an interlocutory appeal under 28 USC § 1292(b), and the U.S. Fifth Circuit reversed, holding that Continental's failure to warn and instruct about DVT could not have constituted an "accident" under Article 17. Blansett v. Continental Airlines, Inc., No. 03-40545 (5th Cir. July 21, 2004).

Posted by RPW at July 22, 2004 09:55 AM