Facts

In 2002, Olive Menditto paid for a flight on British Airways Ltd. from London to Washington D.C. After the plane landed and the passengers were preparing to exit, Menditto stood up, began to walk, but then began exhibiting signs of having suffered a stroke. One of the members of the flight crew asked her to take a seat and called for emergency personnel. The other passengers exited the plane before emergency personnel entered and took Menditto to the hospital, where she was diagnosed as having suffered a stroke induced by a deep vein thrombosis.

Claiming injuries, Menditto sued British Airways under the Warsaw Convention.

PLAINTIFF'S CONTENTIONS:
Menditto claimed that the flight crew did not provide adequate medical assistance because they failed to inform emergency respondents of critical information which would have been beneficial for her treatment. Menditto argued that the communication would have helped the ER doctors treat her properly and that drugs could have been administered to significantly ameliorate the effect of her stroke.
Finally, Menditto argued the flight crew's failure to give necessary information to the emergency respondents on scene was an unusual and unexpected event under the Warsaw Convention and represented an "Article 17 Accident."

DEFENDANT'S CONTENTIONS:
The flight crew did everything they were required to do and called for emergency help immediately. When emergency respondents arrived on scene, Menditto was no longer coherent and could no longer communicate effectively when her symptoms manifested. British Airways denied plaintiff's allegations and asserted defenses, including that plaintiff's alleged injuries were not caused by an accident under Article 17 of the Warsaw Convention, and that it took all necessary measures to prevent the incident or that no such measures could be taken.

Damages

Prior to settlement, counsel for Menditto provided counsel for British Airways with a demand letter alleging medical expenses in excess of $125,000, lost income in the sume of $36,000, construction costs for ADA-accessible addition to Menditto's home of $43,000 and future medical treatment and pain and suffering according to proof at trial.

Injuries

Menditto suffered a stroke, leaving her partially paralyzed.

Result

The two parties settled for $75,000.