Fatal blood clot after business trip...

[freeadviceun]

What is the name of your state (only U.S. law)? - Colorado

My Father was recently made to go on a business trip to Europe. He asked his manager if he could upgrade, but was told he had to fly lowest class. He paid out of pocket to upgrade to economy, but the airline canceled the flight and moved him to the back the plane.

Within 30 days he died of a pulmonary embolism. The autopsy confirmed pulmonary embolism, originating in his right leg. He did have a family history of blood clots, and did take one other short 2 hour flight (non work related) in between the overseas trip and his death.

Is there any legal precedent for a lawsuit against A) The employer forcing him to fly economy on an international flight or B) The airline canceling his upgraded ticket, forcing him to sit between two other people?

We are primarily concerned - is safe to go ahead with the cremation, or are there any blood tests/more detailed analysis we need to do first.

Thanks

 

[not2cleverRed]

Some studies show that "coach class" syndrome is not limited to coach class.

Even on short haul flights, there is a risk.

While I'm sorry for your loss, I do not believe that you have legal recourse.

 

[xylene]

On what basis do you think the employer would have any liability for this?

 

[Proserpina]

What is the name of your state (only U.S. law)? - Colorado

My Father was recently made to go on a business trip to Europe. He asked his manager if he could upgrade, but was told he had to fly lowest class. He paid out of pocket to upgrade to economy, but the airline canceled the flight and moved him to the back the plane.

Within 30 days he died of a pulmonary embolism. The autopsy confirmed pulmonary embolism, originating in his right leg. He did have a family history of blood clots, and did take one other short 2 hour flight (non work related) in between the overseas trip and his death.

Is there any legal precedent for a lawsuit against A) The employer forcing him to fly economy on an international flight or B) The airline canceling his upgraded ticket, forcing him to sit between two other people?

We are primarily concerned - is safe to go ahead with the cremation, or are there any blood tests/more detailed analysis we need to do first.

Thanks

Perhaps the 2-hour flight was actually the straw.

I'm also amazed that you somehow would think that his employer would be responsible, but I'll put it down to grief getting in the way of rational thought.

Condolences for your loss.

 

[quincy]

I'm sorry about your dad, freeadviceun.

There have been fairly recent studies that have shown sitting for long periods of time increases a person's chances of stroke, this whether the sitting is at a desk or sitting on a plane or train or in a car for several hours. Children were included in the studies and they, too, are at increased risk.

What is recommended is that at least once every hour people get up and stretch and move.

I do not see that the airlines or the employer were responsible for your father's pulmonary embolism.

 

[adjusterjack]

Is there any legal precedent for a lawsuit against A) The employer forcing him to fly economy on an international flight

No, not a lawsuit against the employer.

But, contrary to the other comments about employer's liability there is a remote possibility that a death benefit might be available under Workers Compensation if the illness arose out of and during the course of employment.

I need to qualify that statement lest others jump on me for it.

It is extremely doubtful that Workers Compensation would cover this but it would be worth it to consult a Workers Compensation attorney and get a professional opinion.

or B) The airline canceling his upgraded ticket, forcing him to sit between two other people?

Not a bit.

 

[quincy]

Here are links to the World Health Organization and to the Hematology Organization, on blood clots and travel:

http://www.who.int/ith/mode_of_travel/DVT/en/

http://www.hematology.org/Patients/Clots/Travel.aspx

If your father did not know he had any existing health problems and your father's employer did not know your father had any existing health problems, especially a health problem that would make plane travel a risk, the employer could not have prevented the pulmonary embolism. Although the history of blood clots in your father's family could have been warning to your father that he needed to take precautions when traveling, your father did not refuse to travel. The employer did not have your father sit in one place for the entire plane flight, and your father did not suffer from a pulmonary embolism until after he had an additional, non-work-related plane flight.

With all of that said, you can always have an attorney in your area review all of the facts that led to your father's death. I am afraid I see nothing that supports any claim against the airlines or the employer, including a workers compensation claim.

 

[quincy]

Following is a link to the 2014 decision in Renner v. A.T.&T.:

http://lwd.dol.state.nj.us/labor/forms_pdfs/wc/pdf/a-71-11.pdf

Held: Where a Workers Compensation claimant fails to demonstrate that cardiovascular injury, disease or death, resulted from work effort or strain involving a substantial condition or event, he or she is not entitled to compensation ..

This workers compensation case is an odd one but it concerns a pulmonary embolism suffered by a worker after hours of sitting at her work desk. Perhaps conclusions can be drawn from it by freeadviceun.

If there could be workers compensation benefits to be had, however, it is probably worth a personal review by an attorney in freeadviceun's area.

 

[Gail in Georgia]

"My Father was recently made to go on a business trip to Europe. He asked his manager if he could upgrade, but was told he had to fly lowest class. He paid out of pocket to upgrade to economy, but the airline canceled the flight and moved him to the back the plane.

Within 30 days he died of a pulmonary embolism."

The timing is wrong to blame the PE on this.

Gail