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Personal Injury Claims - Deep Vein Thrombosis
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Claims for Deep Vein Thrombosis ('Economy Class Syndrome')
In recent years, deep vein thrombosis (DVT) has been dubbed
"economy class syndrome" after being linked with deep vein thrombosis cases in
aeroplane passengers. Deep vein thrombosis (DVT)/'economy class
syndrome' can strike anyone who is immobile for long periods of
time and is caused by
a blood clot which usually forms in the leg, often unnoticed, although
it can cause stiffness and pain. If the blood clot breaks off and
moves through the body, it can be fatal, particularly if it
reaches the lungs. A recent study found that at least one person a
month dies of Deep vein thrombosis (DVT)/'economy class syndrome' on
arrival at London's Heathrow Airport and Dr John Scurr of
University College Hospital stated in a recent paper on deep vein thrombosis (DVT)/'economy class syndrome' published in
the Lancet, that blood tests carried out on long-haul passengers
before and after long flights show a very definite link between
long-haul flights and Deep vein thrombosis (DVT)/'economy class
syndrome'.
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The dangers of being immobile and of deep vein thrombosis (DVT)/'economy class syndrome' have been recognised since the
1940s, and a report in 1968 specifically warned of the dangers to air
passengers of acquiring deep vein thrombosis (DVT)/'economy class syndrome'. Moreover, 6 years ago, the Aviation Health Institute
advised the Government that three million people in this country
have a genetic defect, Factor V Leiden, which increases their risk
of developing a blood clot and of acquiring Deep vein thrombosis (DVT)/'economy
class syndrome' when flying by eight times. |
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The Legal Position on Deep vein thrombosis (DVT)/'economy class
syndrome' Eight test cases known as the 'Deep Vein Thrombosis ('economy
class syndrome') & Air Travel Group Litigation' (2005) were brought against British Airways and China Airlines and
were heard by the House of Lords in December 2005, having previously been thrown out by the High Court in December 2002 and by the
Court of Appeal in July 2003. The House of Lords upheld the Court of Appeal's decision and held that the
passengers concerned had not suffered an "accident" (defined as an
unexpected, unusual, or untoward event external to the passenger
and causing them death, wounding, or injury) for the purposes of
Article 17 of the Warsaw Convention 1929 and could not therefore
succeed in recovering compensation for deep vein thrombosis (DVT)/'economy class syndrome' against the airlines because to have been an accident
there needed to have been an event, and the failure of the
airlines to advise of the risks of deep vein thrombosis (DVT)/'economy class syndrome' was not an event. The Court of Appeal's decision to throw out the deep vein thrombosis (DVT)/'economy class syndrome' claims, which the House of Lords has now of course upheld, had been severely criticised in late
2004 by the US Supreme Court which stated that the Court of Appeal had failed to
appreciate that there need not be a specific event for something
like Deep vein thrombosis ('economy class syndrome') to constitute
an accident. However, now that the House of Lords has upheld the Court of Appeal's decision to throw out the deep vein thrombosis (DVT)/'economy class syndrome' claims, the Claimants are now said to be considering taking their fight for justice on deep vein thrombosis (DVT)/'economy class syndrome' to the European Courts and may also campaign for a change in the law on deep vein thrombosis (DVT)/'economy class syndrome' which they criticise as outdated. Hence, watch this space and do not hesitate to contact us should you have a potential claim for deep vein thrombosis (DVT)/'economy class syndrome' or require advice.
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The Accident
Solicitors, the brand, is part of Antrobus
Solicitors, a firm regulated by the Solicitors
Regulation Authority. Details of the
professional rules which regulate solicitors can
be found at the following website address:
http://www.rules.sra.org.uk |
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