Last week, a federal jury ruled that American Airlines had to pay $9.6 million in damages to a California man who suffered a stroke on a 2021 flight with the U.S. carrier. The lawsuit accused the airline of negligence by the flight crew, which resulted in the passenger being paralyzed.
Jesus Plasencia and his wife were on board American Airlines flight 68 from Miami to Madrid, Spain, on Nov. 8, 2021. Right before takeoff, Plasencia suddenly lost the ability to pick up his phone and started speaking "gibberish," which are symptoms of a stroke or Transient Ischemic Attack (TIA), according to a legal complaint filed in California in 2023. A TIA is a temporary blockage of blood flow to the brain, also called a warning stroke, according to the American Heart Association.
His wife, Ana Maria Marcela Tavantzis, yelled for help and hit the call button to tell crew members she thought her husband was suffering a stroke. According to the complaint, the flight attendant alerted the pilot, who dismissed Tavantzis, "joked with Pasencia," and cleared him for takeoff, instead of following the airline's medical emergency protocol of contacting the medical consult line or seeking any medical personnel onboard.
Plasencia then regained the ability to speak and "was unaware that anything had happened," but as the flight continued, his condition worsened. He "suffered a severe, life-altering stroke," the complaint said. Upon landing in Madrid after a flight time of eight hours, Plasencia was taken to a hospital via ambulance, where he stayed for three weeks before being sent home to Santa Cruz, California, in an air ambulance.
American Airlines did not immediately respond to USA TODAY's request for comment, but told the Los Angeles Times: "The safety and well-being of our passengers is our highest priority. While we respect the jury’s decision, we disagree with the verdict and are currently evaluating next steps."
Plasencia still can't walk and has aphasia, rendering him unable to communicate. He requires a wheelchair and "around-the-clock, in-home care" to complete daily tasks like bathing, eating and using the restroom, according to the complaint. "Mr. Plascencia, he suffered a left sided stroke, so he's completely paralyzed on the right side of his body," Hannah Crowe, Plascencia's attorney, told USA TODAY.
"Had American Airlines personnel simply followed established airline protocols, medical professionals would have been consulted, a serious neurological emergency would have been identified, and Plasencia would have been transported to any number of hospitals in Miami for inpatient observation and treatment," the complaint says.
On Sept. 17, the federal jury found American Airlines liable for failing to follow industry standards or even its own written policies under the Montreal Convention, which finds airlines liable of injury or death to passengers. The verdict ordered the airline to pay over $9.6 million in damages, including for caregiving expenses, mental anguish and emotional distress.
"This verdict will allow Mr. Plascencia and Ms. Tavantzis to afford the 24/7 care that they need, and it'll also allow them to do some home modifications that'll make their house more accessible for Mr. Plascencia," said Crowe. "So just from a human perspective, the verdict is really important for those reasons."
Crowe said she also hopes the lawsuit will shed light on stroke awareness, including the warning signs, and the verdict is a step in the right direction for passenger safety. "Of course, you want passengers to be aware that they need to advocate for themselves on airlines because airlines aren't always following their own policies and procedures," she added.
This article originally appeared on USA TODAY: A passenger can't walk after suffering a stroke on a flight. His wife sued the airline.
Reporting by Kathleen Wong, USA TODAY / USA TODAY
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