Last updated
24/07/07 13:54
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Deep Vein Thrombosis (DVT) - Economy Class Syndrome
There is such a lot of interest in this particular subject at the moment that we thought we ought to give it its own page, where sufferers and their families can keep up-to-date with what is happening, and find links to useful sites, articles and specialists. We will try and add as much as we can as and when we see it and get it. We are anxious to hear from those who have suffered, legal experts and medical experts from around the world, so that by pooling information and resources a clearer picture of the extent, cause and resolution of the problem can be obtained (info@caniclaim.com).
Our view has always been that legal action here in the UK is inevitable, and the first "test cases" started in November 2001, run by Collins solicitors in Watford. They have suffered a major setback in having their initial hearing thrown out by the court, but they are now appealing. A similar hearing in Australia has succeeded, but the airlines are now appealing. General advice at the moment is to sit tight and await the outcome of the test cases.
Nothing is ever straightforward in the law and trying to establish liability against the airlines, or any other travel company, is not going to be an easy matter.
There appear to be six key areas to possible claims :-
Any potential claim will have to overcome these, and probably other, hurdles and lawyers are now getting to grips with the task of trying to establish liability. Test cases in Australia (see below) and elsewhere will be watched with interest.
John Scurr (see below) has published
(12/05/01) his latest research into Travellers' Thrombosis. For a summary check
out his site at www.jscurr.com/StudySummary
or for the full text of the research see The Lancet (12th May 2001) - www.thelancet.com/journal/vol357/iss9267/full/llan.357.9267.original_research.16233.1.
Quoting briefly from the summary "What this study has shown is that it is
extremely common to develop small clots. We still do not know how many
passengers will go on to get a bigger clot, either affecting the leg on a
long-term basis, or travelling to the lung. At the same time we studied these
passengers, a further 100 passengers were fitted with Medi-travel elastic
stockings. These stockings squeezed the leg, promoting blood flow through the
deep veins and preventing the deeper veins from enlarging during long periods of
inactivity. We were unable to detect any clots in the deep veins in these 100
passengers, suggesting that the use of the Medi-travel elastic stockings is a
very effective way of preventing the development of clot".
www.jscurr.com - site of Consultant Surgeon John Scurr, of University College & Middlesex Hospitals, who is researching the link between DVT and longhaul flights, and has a paper being published in the Lancet later this month on his research to date. He'd be interested to hear from you if you have suffered with DVT.
House of Lords Report (November 2000) into the effects on health of travelling by air.
www.thrombosis-consult.com - US medical thrombosis research and treatment site aimed at doctors but with an interesting (if heavy) risk analysis article at www.thrombosisconnect.com/articles/html/dvtstory1.htm
www.cybernurse.org.uk/dvt.htm - Details on the symptoms, the risks and the treatments
www.netdoctor.co.uk/diseases/facts/pulmonaryembolism.htm - Yet another explanation of how a pulmonary embolism can occur and what can be done about it.
Court Proceedings / Solicitors
UK (February 2003)
High Court writs have been issued against two major airlines over claims they failed to warn British passengers of the potential health risks from long-distance air-travel. The test cases against Virgin Airlines and British Airways (BA) involve passengers who developed deep vein thrombosis (DVT) after long-haul flights.
On 31 January 2002 a Group Litigation Order was agreed between the parties and issued, subject to the approval of Lord Woolf, the Lord Chief Justice. This means that the case can go ahead as a "test case" for others. The case will hinge on whether the claimants can prove DVT was caused by the cramped seating conditions often found in economy class, and that the airlines were aware of the risks and did not take reasonable action to mitigate the dangers or to warn passengers.
A BA spokesman welcomed the move as it streamlined the process, but said the company would resist claims in the context of advice given by the Government and the World Health Organisation that no specific link between flying and DVT had been established.
Collins Solicitors have issued writs on behalf of Lyn Walcott, from Benfleet, Essex, whose husband, Nigel, died in October 2000 following a BA flight from Barbados to London Gatwick, and Peter Wilson, of Harpenden, Hertfordshire, who developed DVT following a Virgin flight from Hong Kong to London Heathrow in October 1998.
The case came before the courts for a
preliminary hearing in November 2002. In spite of the Australian decision (see
below) in the Victorian Supreme Court Mr Justice Nelson found against the
claimants in the English DVT litigation trial. Although invited to consider the
Australian case by the claimants he nonetheless gave his judgment holding that
the onset of DVT is not an accident within the meaning of the Warsaw
Convention. The claimants sought and obtained leave to appeal to the Court of
Appeal. They intend to continue with their vigorous fight to obtain justice and
achieve a settlement.
Most solicitors in the UK will now put on hold any pending DVT claims awaiting
developments in this case. We will endevour to keep you informed.
Australia
We have been in contact with Australian law firm Slater & Gordon (in
fact we have now been to Australia and met with them) (www.slatergordon.com.au), who tell
us that they now have more than 2,000 potential DVT travel claimants who have
come forward, mostly involving Australian residents, including over 90 fatal
cases.
They have started three test cases (July 2001) - against Dutch airline KLM, Australia's Qantas Airways and British Airways, as well as Australia's Civil Aviation Safety Authority (CASA).
The first stage of these proceedings has now been heard (December 2002). It was a preliminary hearing at which the airlines argued that DVT was not an "accident" and was therefore not covered by the Warsaw Convention. It was ultimately decided that it was (unlike here in the UK) and that the case could proceed. However the airlines have appealed and that initial hearing on the appeal (for leave) is due to be heard this month (March 2003). More news as we get it.
Aviation Health Organisation (www.aviation-health.org.uk) - A non profit organisation that promotes health and well being of airline passengers worldwide.
Our View (for what its worth)
The true picture of the number of travellers, both worldwide and within the UK, who have suffered with Deep Vein Thrombosis (also referred to as Economy Class Syndrome and Travellers' Thrombosis), a condition which is being linked to cramped airline seats, is only now becoming clear as the condition receives a mass of publicity.
Doctors who have carried out a study at Ashford Hospital (where patients who arrive at Heathrow are treated) believe that more than 2,000 people die from flight-related DVT every year in Britain alone. In the past 3 years the hospital has dealt with 30 air passengers who have died as a result of DVT.
Normally movement of the calf helps to keep the blood circulating in the leg and avoid blood clots. However if the movement is restricted or the circulation in the leg restricted in any way, then the blood can clot in the leg's deep veins (hence DVT). If the clot is later dislodged it can travel into the lungs, causing a pulmonary embolism, which can be fatal. It can sometimes take many days or weeks for the symptoms of DVT to appear, so many passengers end up consulting their own GP rather than being taken to hospitals close to airports.
The recent reports of the death of travellers with DVT has led to the threat of legal action against airlines worldwide for their failure to provide passengers with sufficient space and also their failure to advise passengers of the risks they take if they remain cramped up in their seat for any significant length of time. Indeed British Airways have just announced that they will now be issuing a leaflet giving general health tips for travellers with all their tickets, which will cover potential thrombosis problems. This will be of littel comfort to those that have already suffered unaware of the problem.
If you would like to be kept up-to-date with legal developments or think you may have a potential claim then please contact us - mail@caniclaim.com - and we will keep you abreast of developments and put you in contact with specialist solicitors who can help, if needed.
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Last updated
24/07/07
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