American Airlines failed to divert flight after passenger suffered debilitating stroke, forced to pay $9.6M in damages: jury

A federal jury has found American Airlines responsible for neglecting its own safety procedures, which put a California chef at risk after he experienced two severe strokes during an international flight. As a result, he now requires ongoing medical assistance and rehabilitation.

According to a lawsuit filed by Jesus Plasencia and his wife, Ana Maria Marcela Tavantzis, the couple was on their way to Madrid from Miami in November 2021 when Plasencia suffered a “mini stroke” just before boarding, as detailed in their 2023 federal court complaint.

The 67-year-old reportedly lost the ability to talk and had trouble handling everyday objects like his phone, prompting his wife to alert a flight attendant and the pilot. The couple claims that their concerns were dismissed, with the pilot allegedly making light of the situation before allowing them to board the plane.

As per the airline’s internal policies, crew members are expected to notify medical personnel, which the pilot failed to do, the complaint asserts.

Once airborne, Plasencia experienced a more severe stroke that left him in distress until the flight landed. He was subsequently hospitalized in Spain for three weeks before returning to the United States, as indicated in the claims presented.

Following the second stroke, the crew reportedly instructed other passengers to keep an eye on Plasencia but did not inform the pilot, who would typically be responsible for deciding whether to divert the flight due to medical emergencies, according to the couple’s testimony.

Currently, Plasencia is unable to speak or write and relies on comprehensive, round-the-clock care and intensive rehabilitation, as stated in court documents.

The couple believes that if the flight crew had adhered to established protocols, Plasencia’s condition could have been significantly improved.

After nearly four years of protracted legal disputes, a jury in San Jose announced on Thursday that American Airlines was found liable for failing to comply with their own protocols during this unfortunate incident, resulting in a hefty judgment of $9.6 million awarded to the couple.

The airline’s liability was determined under the Montreal Convention, which regulates international air travel.

Despite the ruling, American Airlines has voiced its disagreement.

In a statement, American Airlines said, “The safety and comfort of our passengers is paramount. While we respect the jury’s decision, we are contesting the verdict and are currently considering our options moving forward.”

In 2017, American Airlines faced a lawsuit involving a similar incident where a stroke victim was reportedly allowed to wander into oncoming traffic at JFK International Airport.

In that case, a 67-year-old woman became “agitated” and “distressed” as boarding started. Although the airline contacted her son for assistance, they allegedly failed to monitor her closely. She eventually left the boarding area and ventured into traffic but was fortunate to remain unharmed, later being found on the curb by police, “shivering, confused, and in clear distress.”