DVT victims in appeal court
Families fight on for compensation after deaths
Battling airline passengers are back in court with an appeal against a High Court ruling denying them compensation for deep vein thrombosis (DVT).
Three judges in the appeal court in London are being asked to overturn Mr Justice Nelson decision last December that the condition was not an accident under the terms of the Warsaw Convention. A group of 24 claimants, just under half of the original 50, are seeking redress from 18 airl;ines alleging breach of care.
Representing all 24, Stuart Cakebread told the court the claimant’s case on appeal was that DVT was an ‘accident’ within the meaning of article 17 of the Warsaw Convention. This states that a carrier is liable for damage sustained in the event of the death or wounding of a passenger.
In order to establish liability under the act, appellants would have to show there had been an accident between embarkation and disembarkation, he said. Mr Cakebread told Lord Phillips, the Master of the Rolls, sitting with Lord Justice Judge and Lord Justice Kay that a connection – or the possibility of one – between flying and DVT had been accepted by the International Air Transport Association.
DVT occurs when restricted movement, often during a long flight or other form of travel, allows a blood clot to develop, usually in the leg. If the clot is carried via the veins to the lungs or brain the condition can be fatal. Several British travellers have died following flights. Among the 18 companies involved are British Airways, Qantas, Airtours International Airways, Virgin Atlantic Airways, Monarch Airlines Ltd, JMC Airways Ltd and Continental Airlines.
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