American Airlines to Pay $9.6M After Neglecting Passenger with Temporary Stroke
NEED TO KNOW
- An American Airlines passenger was cleared to fly by flight crews after experiencing a temporary stroke in November 2021
- On the Madrid-bound flight from Miami, California resident Jesus Plasencia suffered a stroke while flying over the Atlantic Ocean
- In a complaint filed against the airline, the plaintiff said Plasencia now requires “around-the-clock” care as a result of his medical emergency
- Earlier this week, a federal jury in California ordered the airline to pay $9.6 million in damages
American Airlines has been ordered to pay $9.6 million in damages after a federal jury in California found the company failed to follow its own procedures after a passenger suffered a stroke shortly after takeoff. The San Jose-based jury determined its verdict on Wednesday, Sept. 17, following a six-day trial.
Evidence presented proved that Watsonville, Calif., resident Jesus Plasencia suffered a short transient ischemic attack (TIA) while his plane was parked at the gate at Miami International Airport on Nov. 8, 2021.
The Mayo Clinic says TIAs are a “short period of symptoms similar to those of a stroke” caused by a brief blockage of blood flow to the brain. Oftentimes, for one in three people who have a TIA, a stroke will follow.
According to the complaint, Plasencia’s wife, Marcela Tavantzis, alerted flight attendants that her husband was “speaking gibberish” and temporarily lost motor control. While speaking with Tavantzis and waiting for the pilot to assess the situation, the flight attendants “did not seek medical assistance from any response system, other passengers or elsewhere.”
D.A. Varela/Miami Herald/Tribune News Service via Getty
During the interaction with the flight crew, Plasencia eventually rebounded, but was seemingly unaware that anything had happened. Despite Tavantzis’ repeated concern that her husband suffered a stroke, the pilot cleared the passengers to fly — which the plaintiff said violated the company’s policy to contact the airline medical response team or medically trained passengers on board.
The plane eventually departed for Madrid, Spain. While flying over the Atlantic Ocean, Plasencia suffered a left-MCA stroke. Lawyers for Tavantzis, who is Plasencia’s legal guardian, said in a press release that flight crews did not immediately inform the pilot, but instead asked other passengers to watch him.
When the plane arrived in Madrid, Plasencia was immediately transported by ambulance to a local hospital, where he was in critical conditions for more than three weeks. He later returned to the U.S. via air ambulance.
“Today—nearly two years after the flight—Plasencia can neither speak, write, nor communicate effectively, much less walk, feed, bathe himself, clothe himself, or use the toilet without assistance,” the complaint said about the former chef. “Plasencia depends entirely on daily, significant, around-the-clock, in-home care and intensive rehabilitation.”
courtesy Burns Charest LLP
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“Mr. Plasencia didn’t get treatment in a timely manner and that is why he is in the condition that he’s in,” Darren Nicholson of Burns Charest LLP, lead counsel for Tavantzis and Plasencia, told PEOPLE. “The circumstances of the case are really sad, but we’re hopeful, and I know the family is hopeful that this will help raise awareness on stroke symptoms.”
Nicholson pointed to the American Stroke Association’s campaign which encourages people to “Act F.A.S.T.” The acronym helps to identify and recognize signs of a stroke: face, arm, speech and time.
Hannah Crowe, another attorney with Burns Charest, says the outcome will be “life changing” for their clients.
“Ms. Tavantzis wants to buy a used van so that she can fit her husband’s wheelchair,” she tells PEOPLE. “They want to do some home improvements to make their house more accessible for Mr. Plasencia… They’ll now be able to live the life of dignity that they deserve.”
“While we respect the jury’s decision, we disagree with the verdict and are currently evaluating next steps,” a representative for American Airlines shared in a statement to PEOPLE.
They added: “The safety and well-being of our passengers is our highest priority.”
Credit to Nypost AND Peoples