Seat Pitch=Stroke ??
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Seat Pitch=Stroke ??
Tues "Sydney Morning Herald"
Sydney stroke victim to be DVT airline test case
April 2 2002
A Sydney man who suffered a stroke near the end of a four-day business trip has been chosen as the test case for hundreds of writs against airlines and the Federal Government.
Paul Henderson, a lawyer with Slater &Gordon, said the case of Brian Povey, 58, of Castlecrag, would be the first of at least 400 filed in the Victorian Supreme Court.
The law firm has been filing writs at the rate of almost two a day since the middle of last year, and says it has up to 600 more people wanting to pursue a claim. Claims against an airline must be filed within two years of an injury.
Sitting in cramped airline seats has been blamed for deep vein thrombosis (DVT), a condition that can lead to death if clots lodge in the lungs or brain.
Mr Henderson said unless the defendants Qantas and British Airways succeeded in having Mr Povey's action dismissed, the case would go to court next year.
Mr Povey, who worked in the computer industry, flew economy class to England in February 2000. On the return flight, he felt unwell, with pain in a leg and vision problems. When he disembarked in Sydney he had difficulties walking.
His wife, Lynne, said he was admitted to hospital the day he returned, where he was seriously ill for more than two weeks.
His writ argues that he suffered DVT in one leg and that part of the clot broke off and lodged in his brain, causing a stroke that has left him permanently impaired.
A Qantas spokeswoman said the airline would not comment because the matter was before the court. Mr Henderson said the writs filed were for unspecified amounts, with clients seeking damages for pain and suffering, loss of enjoyment, medical expenses and loss of earnings.
Mr Henderson said if the DVT suffered by clients was deemed an accident the airlines would be responsible. Mr Povey is also suing the Civil Aviation Safety Authority. For it, Mr Henderson said, the question was whether it had a duty of care and, if so, whether it had breached it by failing to warn passengers of the risk.
Tom Noble
Sydney stroke victim to be DVT airline test case
April 2 2002
A Sydney man who suffered a stroke near the end of a four-day business trip has been chosen as the test case for hundreds of writs against airlines and the Federal Government.
Paul Henderson, a lawyer with Slater &Gordon, said the case of Brian Povey, 58, of Castlecrag, would be the first of at least 400 filed in the Victorian Supreme Court.
The law firm has been filing writs at the rate of almost two a day since the middle of last year, and says it has up to 600 more people wanting to pursue a claim. Claims against an airline must be filed within two years of an injury.
Sitting in cramped airline seats has been blamed for deep vein thrombosis (DVT), a condition that can lead to death if clots lodge in the lungs or brain.
Mr Henderson said unless the defendants Qantas and British Airways succeeded in having Mr Povey's action dismissed, the case would go to court next year.
Mr Povey, who worked in the computer industry, flew economy class to England in February 2000. On the return flight, he felt unwell, with pain in a leg and vision problems. When he disembarked in Sydney he had difficulties walking.
His wife, Lynne, said he was admitted to hospital the day he returned, where he was seriously ill for more than two weeks.
His writ argues that he suffered DVT in one leg and that part of the clot broke off and lodged in his brain, causing a stroke that has left him permanently impaired.
A Qantas spokeswoman said the airline would not comment because the matter was before the court. Mr Henderson said the writs filed were for unspecified amounts, with clients seeking damages for pain and suffering, loss of enjoyment, medical expenses and loss of earnings.
Mr Henderson said if the DVT suffered by clients was deemed an accident the airlines would be responsible. Mr Povey is also suing the Civil Aviation Safety Authority. For it, Mr Henderson said, the question was whether it had a duty of care and, if so, whether it had breached it by failing to warn passengers of the risk.
Tom Noble
