Suit Against Delta Air Lines For Injury On International Flight

Atlanta, GA, October 24, 2014 (Newswire.com) - A Delta Air Lines passenger has filed suit for an injury which occurred during an international flight in which he was required to remain seated in a cramped middle seat despite his complaints about swelling and pain in his legs.  The injury is described as deep vein thrombosis, which is sometimes referred to as “economy class syndrome” or “cattle car conundrum.”

The Law Firm of Jonathan W. Johnson, LLC filed suit on October 20, 2014 in Fulton County State Court on behalf of Jorge Pajares. Mr. Pajares was on Delta Flight 150, a non-stop international flight from Lima, Peru to Atlanta, Georgia on August 3, 2013. During the course of the flight, another passenger required emergency medical attention which resulted in the flight being diverted for an emergency landing in Ecuador.

While on the ground in Ecuador, Delta announced that all passengers should remain seated with their seat belts fastened as the delay would only be about 20 minutes. However, technical difficulties at the airport caused the flight to be delayed for hours longer than initially announced.

While on the ground in Ecuador, Delta announced that all passengers should remain seated with their seatbelts fastened as the delay would only be about 20 minutes.  However, technical difficulties at the airport caused the flight to be delayed for hours longer than initially announced. Still, passengers were instructed to remain in their seats. During the prolonged delay before resumption of the flight, Mr. Pajares began to experience swelling in his legs with associated pain and discomfort

Mr. Pajares’ requests to be allowed to move about or to sit in a vacant aisle seat were denied.  Thereafter, Mr. Pajares briefly switched seats with a passenger beside him to stretch his legs into the aisle, but the flight attendant admonished him to return to his assigned seat. Mr. Pajares continued to experience pain and swelling in his legs after the flight resumed. In the days following the flight, a pain developed in Mr. Pajares chest and he began to cough up blood.  He sought emergency medical treatment. He was diagnosed with pulmonary embolism resulting from deep vein thrombosis. Due to the severe nature of his injury, he was hospitalized immediately.

The Montreal Convention governs liability of airlines for the injuries to passengers on international flights. The Complaint seeks the strict liability limits of 113,000 special drawing rights pursuant to the Montreal Convention.