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Economy class syndrome settlement


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LONDON, Dec 12 (Reuters) - American Airlines, a division of AMR Corp(NYSE:AMR - News), said on Thursday it had settled a case involving so-called economy class syndrome, a potentially deadly medical condition that has been associated with flying.

:o

Lawyers said the out-of-court agreement could have a big impact on a case involving dozens of airlines embroiled in a landmark court action in Britain concerning the same syndrome.

 

A spokeswoman for American, the largest airline in the United States, confirmed that the company had settled during the past week, but said she could not add any details because the terms of the deal were confidential.

 

A source close to the situation told Reuters the case involved a traveller flying between Paris and the United States in 2001.

 

Lawyers for the claimants in the British-based case said the U.S. settlement could boost their own arguments.

 

"It is definitely important," said Stuart Cakebread, a lawyer for the claimants. "I am very pleased that they have accepted responsibility, and would hope they do the same here."

 

American Airlines declined to comment on the details of its U.S. case, however.

 

Both sides are awaiting a decision by an English High Court judge that will determine whether over 50 victims of potentially deadly deep vein thrombosis (DVT) blood clotting -- which claimants blame on sitting in cramped aircraft cabins -- can go ahead with a case against 27 airlines.

 

If the airlines, including British Airways Plc (London:BAY.L - News), KLM Royal Dutch (Amsterdam:KLM.AS - News) and Qantas Airways (Australia:QAN.AX - News), were to lose the case it would be another blow to an industry reeling from the global economic slowdown and a slump in ticket sales after the September 11 attacks.

 

The victims allege that airlines failed to warn passengers of the risks of DVT, which claimants blame on cramped seats, low oxygen and long hours in the air, despite knowing of the risks for years.

 

The airlines reject the claims and the American settlement will not change that, said Philip Bass, a lawyer for the airlines.

 

"Just because one case is apparently settled in the States does not invalidate our defence of the cases in the UK, where there are strong grounds for rejecting liability," he said.

 

Legal arguments in the High Court will first centre on an international aviation treaty, the 1929 Warsaw Convention, that says airlines are liable for damages only in the case of accident.

 

The airlines argue that DVT is not an accident. In other words, if a passenger is struck down with DVT on a routine flight the carrier cannot be blamed.

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Interesting times ahead on this one I think.

If long haul carriers are forced to alter seating pitch and seat lay-out to cure this problem, then I think ticket prices will have to increase.

I believe most people would cough up a few extra quid to get a more comfy and roomy seat, especially if it means a more 'healthy' option.

We could see airlines like EVA and their Economy Deluxe service leading the way.

When I fly LHR - BKK I don't use anyone else now unless I have to.

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Captain C,

The problem with EVA's Evergreen is that it is becoming too popular and is always the class which gets fully booked first, usually months in advance. I booked my flight (on 2nd. Jan) last July and the earliest vacant Evergreen seat was on a flight on the 14th Jan, so rather than waste nearly half a month in Pattaya I decided to fly economy.

 

We need to keep quiet about EVA :o Joking aside it is getting very difficult to get seats with any airline's flights to BKK these days demand seems to exceed supply.

 

stevoh.

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I can understand your point of view about keeping quiet about EVA Deluxe   :-X

I came out on the 26th November with them in seat 27D and I thought for the money it was very good service and a comfy seat. I was booked 27G for the return. If anyone is flying EVA Deluxe try and get your travel agent to reserve 27D or 27G as it has no other seat in front, ie loads of leg room.

Having said all that, I was very lucky and got upgraded to the upper deck for the return. That WAS very nice.

C

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