Air Travel and Deep Vein Thrombosis
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Neither a plaintiff's development of deep vein thrombosis nor the airline's failure to warn of the risks of developing this condition during air travel constituted an "accident" under the Warsaw Convention, the 9th Circuit has ruled in affirming summary judgment in favor of the airline.
The plaintiff flew from Los Angles to New Zealand. She slept the entire 12-hour flight and did not leave her seat. When she got off the plane, she passed out and was hospitalized, where it was determined she had developed DVT during the flight.
The court said the airline's failure to warn that this can occur is not actionable and what occurred was her reaction to normal events.
This case was not handled by the Karns & Kerrison, but is illustrative that the defendant (airline) must owe a duty to the plaintiff (woman that developed the DVT) to be actionable and here there was no duty to warn.