British Airways sued over DVT warnings

By Jayne Atherton, Metro

Last updated at 09:09 03 December 2004


A passenger is suing British Airways, claiming 'economy class syndrome' he suffered on a long-haul flight left him permanently disabled.

Businessman Brian Povey says the deep vein thrombosis, brought on by sitting in cramped conditions for a long time, triggered a stroke.

The 62-year-old flew economy class on a Qantas flight from Sydney to London in February 2000, and returned on a British Airways flight two days later.

He blamed the airlines, claiming they did not do enough to warn him of the dangers in a case which could have repercussions for any passenger to suffer DVT.

He claims to have developed the condition on the return leg from Kuala Lumpur to his home city of Sydney.

DVT causes a blood clot to form in the veins of the legs. It can be fatal if part of the clot breaks off and travels to the lungs.

The High Court in Canberra has to decide whether Mr Povey's illness could be classified as an accident, under which both BA and Qantas would be liable. He argues the airlines knew the risk of DVT in 2000 but chose not to warn passengers. They now highlight the dangers of remaining seated in the same position.

Qantas's lawyer Jeffrey Sher said the definition of 'accident' was too broad.

'That means that every single person on every single Qantas flight has suffered an accident,' he said. 'There would have been millions of accidents he said.'

Families of British DVT victims, including bride-to-be Emma Christoffersen, 28, have so far been thwarted in similar claims against airlines in this country.

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