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Personal Injury Claims - Deep Vein Thrombosis
 

 

 

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'.

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.

Accident Solicitors, Manchester UK – Personal Injury Claims - Deep Vein Thrombosis


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.

 

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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