Hudson survivors may Sue US Airways
 

What a sad world we're coming to.... they should be happy to be alive...



Taken from The Australian:
'Miracle of the Hudson' plane crash survivors may sue airline | The Australian

SOME of the 150 plane passengers whose lives were saved in the "miracle of the Hudson" last month are considering suing US Airways for the emotional distress they suffered.

The pilot received an ovation from both houses of Congress this week when President Barack Obama praised Chesley B. Sullenberger's heroism by bringing the aircraft safely down in the river on January 15. The airline, however, appears set to receive a writ.

In apparent confirmation that America remains the most litigious society in the world, Kreindler and Kreindler, a New York law firm, says it has been contacted by passengers of Flight 1549 about claiming damages for post-traumatic stress disorder.

The airline has sent the passengers a letter of apology, a $US5000 cheque to assist with "immediate needs", reimbursement for their tickets and a promise to be upgraded to first class on flights until March 10.

Tess Sosa, who escaped with her husband and two small children, told the New York Post that US Airways were seeking to "exonerate themselves as much as they can" by offering passengers "a small token".

Others, however, insist they are just grateful to be alive. One, Dave Sanderson, said the airline had "treated me like gold since the incident".

Don't be so judgemental.

Unless you have suffered a life threatening incident, you don't really have any idea about the impact of PTSD.

Over 20 years ago, I was unfortunate enough to be caught in the middle of a nasty fire, where nearly 60 people died.

I was so close to the fire, that the flashover went within 20 metres of me, but for some reason I walked out without even a scratch.

After the event, I was fortunate enough not to suffer any PTSD and could have claimed a share of a compensation fund, but didn't, as I felt others needed it more.

But I do know that some of the other people were never the same again, had horrible flashbacks, depression and suffered recurrent nightmares and other severe impacts for years afterwards.

I imagine that some of the people on this flight would have my experience and others would be mentally scarred.

So you can score cheap points on a bulletin board, but you have not earned the right to comment until you have been there.

F3G,

Post trauma stress is indeed a horrible, long term experience but with the greatest respect and knowing we should wait for the reports etc etc, this flight appears to have been brought down by a flock of birds.
The employees of US Airways prevented a potential disaster rather than causing it so it is not surprising that people would be angry at such a response from a passenger.
Anyway, why not sue La Guardia airport instead or indeed, the Canadian govt?
After all, it was their geese.

Strake

I was commenting specifically on the words I quoted., see below.

TS

I see where you are coming from and I honestly don't know, thank God I walked away without a scratch or a nightmare and have no idea of the cost of treating PSTD.

Just because you have been involved in an accident and suffer PTSD as a result doesn't give anyone the 'right' to sue for compensation.

PTSD is indeed a terrible thing to have to go through...but it is just a way for the human body and mind to 'cope' with the ordeal. A bit like 'pain' and 'shock.'

Someone could sue for a third party causing these syptoms, through negligence or intent but does that really apply in this case? I can't see any way that US Airways could have averted this accident, it is just a risk of flying.

Some people seem to be just money orientated....:hmm:

F3G,

I understand.

In that context, I think you are very correct.

Well, they paid for a safe journey and they came close to buying the farm. The fear and stress must have been unbelievable. It may have been excellent skills by the pilot and crew but if were me I'd rather not have to find out just how good the pilot is.

With regards suing US Airways given the States legal process it may simply be the due process for getting an agreement on compensation and how it is measured.

Compensation Fund or Litigation
 

In the United States health care is almost exclusively private and tied to your job.

If a person is involved in a serious accident in the U.S and is one of the 49 million americans not covered by private health care then your up for the bill yourself.

Post traumatic mental health is serious, and people who suffer from it need assistance from mental health professionals.

So, who pays?

In Australia, thankfully, we still have Medicare (no thanks to the Liberals trying to kill it off) which includes mental health care cover (paid for by the tax payers of Australia) - that is part of the cost is covered.

Sadly in the United States there is an element of greed in which people think that there is always someone at fault to sue and cash in big time.

In Australia, if not covered by a fund, such a the Motor Accidents Compensation Commission, you can recover for your loss via litigation - however this is not mean you can get rich quick by the old "slip & fall" at your local supermarket. Compensation is just that - putting you back in the position your were in prior the accident (and negligence must shown on the part of the defendant - duty - breach - damage).

American's do sue at the drop of the hat, some to attempt to get rich out of an event they happen to be a part of, and others because they have to in order to get the money to pay for medical care they need.

If I were on that flight, I would be sending a chq for $5,000 to the captain and first officer for saving my life.

The fact they are still able to spend time on this earth and be able to see their family and friends to help them through the "trauma" should compensation enough!

If it is proved that US airways did everything possible (proper maintainance/flight ops) to make this flight/incident as safe as possible, there should be no grounds for this in my honest opinion.

It shocks me what this world is coming to.

Who ?

The people that run the business?
The people that run the insurance company that insures said business?
The People travelling with said business who are covered by that business?
The employees of the business?
The businesses who may seek reimbursement for their part in the rescue and recovery.
The component manufacturers (insurers) who the insurance companies will seek alleiviation from?
The manufacturers who will be seeking to supply a replacement product?

Or do you simply mean passengers who may have suffered trauma or loss seeking individual or group action to recover from the same insurance companies?

If I have a car accident driving to work, I am entitled to seek loss recovery from the insurance company I contract with. That is the risk business they are in, and what they charge (and I pay) large premiums to protect against.
I am sure these people are grateful to be alive, however the circumstances they found themselves in and any trauma or loss they suffered as a result is likely to be covered by the carriers insurers. To effect their third party claims may well involve a lawsuit. That is the way these things work, it doesn't mean this particular aircraft was full of ungrateful shirkers seeking to better themselves by the incredibly small likelyhood of surviving a completely unpremeditated accident.

It is worth bearing in mind that when somebody suffers a loss or trauma, nothing ever puts back that loss. The only thing that is ever offered is money. Nobody usually apologises or accepts responsibility. They ultimately might discharge their obligation with a cheque. For many victims this is far less than they really want, but will be the only thing that is ever put on the table. Unless you have been in this unfortunate position it is probably difficult to really comprehend.

You're shocked? You know you can sue for that, don't you?

Equally, you've not earned the right to worry about their PSTD issues until you realise just what happened- the flight crew pulled off something just about unprecdented in the annals of flying history. Landing a pod-slung jetliner in a river? A miracle, IMO.

It's akin to sueing Jesus for feeding the 4000 because one of them had a nut allergy.

I am not going to comment further because this is outrageous, something caused by nature not by man, but I will say, hell, if I'd have been PF on that and I heard someone was considering legal action, I'd bop them on the nose just to give them something real to claim about.

Perhaps the said pax who wish to sue the airline regarding this incident might consider the fact that, according to the specialists' conclusions, the ditching was caused by a birdstrike.

I say sue the birds:ok:

Rgds,
ATS

PS: On a more serious note, i personally believe that it's just wrong for these people to sue US Airways. Get medical expenses covered? yes. Get a bigger slice than they can chew? NO:=

Like all mental health treatment, treatment for PTSD can be relatively inexpensive or very expensive. It isn't like antibiotics for an infection -- take this pill once a day for a week and Bob's your uncle. The duration of the treatment varies depending upon the individual.

Sometimes the treatment works and sometimes it doesn't. Some people will recover without any treatment. Some victims of PTSD who receive significant treatment never recover and are never again able to hold down a full-time job.

Different people are, well, different.

Sue the birds?

They're pureed now.

"The State v Pate Foie Gras"?

Weird Al Yankovic - I'll Sue Ya:

"I'll sue Delta Airlines, because they sold me a ticket to New Jersey, I went there, and it sucked!"


Where do you draw the line?

Its not like anyone died, there was no smoke or fire or anything that could leave a lasting imprint on someone. Sure it would be stressful, for about 10mins (the flight would have been only 3 or 4 mins long) but is that enough to cause long term damage? If so, eat a bag of cement and harden up.

Every entitlement to sue the airline, doesn't mean they will win and ultimately it would be paid out by Insurance company with Ambulance Chasing lawyers getting a big fee.

Nobody knows the impact that PTSD will have long term on anybody.

Let a court decide if its a valid claim or let Insurance company settle which is more probable.