Lawyers act for passengers who suffered thrombosis after flights
Mark TownsendObserver
A multi-million pound lawsuit against major airlines will be launched this week on behalf of British victims of 'economy class syndrome'.Lawyers acting for families who lost loved ones through deep vein thrombosis (DVT) believe they have an 'extremely strong' case for a massive compensation payout, The Observer can reveal.
The breakthrough is the first time British solicitors have openly indicated the powerful aviation industry could be accountable for the deaths of scores of passengers from blood clots.
Airlines face a compensation bill of more than £10 million for failing to warn UK travellers about the dangers of potentially lethal clots.
Watford-based Collins Solicitors - experts in transport litigation - have launched proceedings against airlines on behalf of 30 British air passengers, 10 of whom died, and are confident of success.
Letters notifying airlines, understood to include British Airways, that they are to be sued on behalf of former passengers will land on the desks of airline bosses tomorrow.
Gerda Faith Goldinge, assistant partner at Collins, said: 'We want the airlines to admit there is an issue and compensate accordingly.'
Experts say the move is likely to prompt hundreds of other claims from British travellers who contracted DVT while flying, triggering one of the biggest payouts in the history of UK transport litigation. Eventually, it could result in a class action on the same scale as in Australia where 2,700 passengers seek damages from airlines after suffering blood clots.
Potential payouts could be as high as £50,000 for each victim with an estimated £100,000 for those whose lives have been destroyed after contracting blood clots.
The decision to press ahead with legal action was made during a secret meeting last week between victims' families and Collins, which represented relatives of victims of the Paddington rail disaster.
Collins has examined the cases put forward by campaign group Varda - Victims of Air Related DVT Association - and hand-picked those most likely to win payouts.
If these prove successful, Varda will present another 200 cases, including 35 deaths from flying-related blood clots, with more to follow.
Varda is chaired by Ruth Christoffersen, whose daughter Emma collapsed and died soon after arriving at Heathrow last October, following a 12,000-mile flight from Australia. Mrs Christoffersen, of Newport, Gwent, hopes airlines will finally be made to accept responsibility for the deaths of passengers who boarded flights unaware they could die by sitting still in cramped seating.
'We truly believe Emma and countless others have died needlessly,' she said.
Farrol Kahn, director of the Aviation Health Institute, which is backing the court action, said: 'Passengers are becoming increasingly radicalised. They want someone to accept responsibility, ultimately they want airline bosses in prison on manslaughter charges.
'The feeling out there is that airlines are putting profit before lives. Someone has to take the blame.'
Lawyers will draw attention to claims that British airlines have known about the risks of DVT for decades and opted to sit on the evidence rather than warn passengers. Evidence suggests doctors have been aware of the dangers of immobility on long-haul flights since 1968, yet airlines such as British Airways and Virgin Atlantic have only just started to highlight its dangers to the public.
Manchester-based law firm Leigh Day had originally expressed an interest in preparing a massive compensation claim but was replaced by Collins.
Last week an Australian legal firm lodged writs on behalf of three passengers who claim they suffered DVT after a long-haul flight. Law firm, Slater and Gordon, said the action against British Airways, KLM and Qantas could affect some 2,700 claimants seeking damages from 19 airlines.
These moves coincide with a wave of protest from furious passengers which will culminate in a memorial service for DVT victims at Westminster Cathedral in October.
Varda will also contact the major shareholders of airlines asking them to exert their influence to improve warnings to passengers of the dangers of DVT.
Evidence has emerged that the aviation industry is still refusing to 'wholeheartedly' warn passengers of the risks. Manchester Airport, according to Varda, refused to co-operate with an exhibition organised by its members this summer designed to raise awareness of DVT.
Experts estimate there could be between 1,000 and 2,000 deaths a year from DVT, of which many occur days or weeks after flying - the time it can take blood clots to reach the lungs and cause a fatal blockage.
One in 10 long-haul travellers risks DVT, according to the medical journal The Lancet. Yet the Government and the Civil Aviation Authority still have no idea how many people have suffered, or have died from, blood clots caused on long-haul flights, because no data are collected nationally or at casualty hospital units.
Emma Christoffersen, 28, was one of the youngest victims of DVT. She complained of feeling unwell within minutes of touching down and had lost consciousness by the time she reached Heathrow Airport's arrivals hall.
Her death led to an inquiry by the House of Lords science and technology committee which demanded airlines provide more information about the health risks.
Sitting immobile on a long flight can cause massive blood clots to form in the legs. The condition is compounded by dehydration in a dry cabin and cramped seating. Walking around the cabin can prevent clots, even wriggling ankles and toes helps the blood circulation. An aspirin taken before the flight will thin the blood.
Related articles
Seats are too small for today's large, tall people
Observer investigation: background
How the Observer broke the story in 1998
Focus: Airlines knew - but failed to warn public, January 2001
Leader: The need to put safety before profit, January 2001