Bad news for lawyers suing airlines over “economy-class syndrome” (see Dec. 13-14, 2000): an Australian court of appeal has disallowed a test case against Qantas and British Airways over the deep vein thrombosis suffered by a passenger after a long flight. Brian William Povey, a Sydney businessman, “had alleged that flight conditions — including a confined and restricted physical environment, impediments to getting out of his seat, a lack of warning about the risk of DVT, and the supply of alcohol — had caused his injury.” (Peter Gregory, “DVT damages claims in doubt”, Melbourne Age, Dec. 24). The judgment was consistent with a court decision in Britain; a U.S. federal judge in San Francisco, on the other hand, has allowed such claims to proceed (see Aug. 16). Update Sept. 12: high court agrees to review case.
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