A 14-year-old died after suffering cardiac arrest on an American Airlines flight. Four witnesses said the onboard defibrillator never delivered a shock. Now the family’s last remaining claim for compensation has been dismissed, because they couldn’t prove that a working device would have saved him, and the Supreme Court has declined to hear their challenge to a ruling protecting the airline from liability over the crew’s response. On June 4, 2022, Kevin Greenidge was traveling with relatives on American Airlines flight 614 from San Pedro Sula, Honduras to Miami. He was in a window seat in row 32, with his aunt in the aisle and an empty seat between them. He struggled to breathe, asked for his asthma inhaler, and lost consciousness. His family called for help. A nurse and a doctor traveling as passengers responded. It took several people to move Kevin out of his seat so they could perform CPR. Flight attendants brought the medical kit and defibrillator. The flight diverted to Cancun, where paramedics met the aircraft. Kevin was pronounced dead that evening. When I covered the lawsuit in May 2024, the family alleged that the defibrillator had a dead battery and that flight attendants didn’t know how to use it. They also accused American of withholding the device. The case raised questions about what required safety training actually accomplishes. Flight attendants complete training in CPR and defibrillator use, but being able to actually do those things is another matter. The Crew Response Claim Had Already Failed As I wrote in May, the family alleged delays in responding, moving Kevin, beginning CPR and notifying the pilots. The airline’s on-call physician wasn’t contacted. The Fifth Circuit Court of Appeals nevertheless rejected the crew-response theory. This was an international flight governed by the Montreal Convention. Recovery required an “accident” which is an unexpected or unusual event external to the passenger. Under that court’s approach, there had to be an unusual circumstance and “willing inaction” not just an ineffective response. The crew had moved Kevin, obtained medical help, assisted with CPR, retrieved the equipment and alerted the captain, who diverted. They hadn’t deliberately refused aid. So the remaining claim was against the ariline over the defibrillator. Initially, it detected a nonshockable rhythm and advised continued CPR. Eight minutes later, it detected a shockable rhythm. A flight attendant pressed the button. American pointed to the machine’s internal record, which showed a shock. Four witnesses, including the medical volunteers, said the passenger had received none. The appeals court found a factual dispute that could go to a jury. Federal rules required functioning equipment, and data from the allegedly malfunctioning machine didn’t on its own defeat the witness testimony. The Remaining Claim Failed Over Whether A Shock Would Have Saved Him On September 25, the dismissed the remaining claims with prejudice. The family’s expert said the passenger more likely than not would have survived with prompt CPR and a functioning defibrillator. But the judge excluded that opinion. The expert cited studies showing 71.4% and 86% survival to hospital admission. Survival to discharge was much lower: 34.3% and 38%. For children whose initial rhythm was nonshockable, the figure was 23.1%. So no reliable explanation was offered that individual survival odds were greater than 50% – there was no way to show that the claimed malfunction of the device caused the death. The Supreme Court Won’t Revisit The Crew’s Response The family separately asked the Supreme Court to review the Fifth Circuit’s requirement to prove “willing inaction.” Other federal appeals court circuits evaluate whether an event was unexpected or unusual without requiring proof that crew members deliberately withheld assistance. They also challenged the rejection of a contract claim seeking an advance payment under American’s conditions of carriage. On October 5, the Supreme Court denied cert. The family’s case is now dismissed, which can still be appealed separately, but getting a jury to decide whether American’s equipment failed now requires first overturning the ruling that the family lacks sufficient evidence the failure caused Kevin’s death. Topics on this page
14-Year-Old Died On American Airlines—Family’s Case Dismissed, Supreme Court Won’t Hear Appeal
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