According to reports, an 85-year-old Southern California cardiologist, Asoka Jayaweera, died while onboard a 
Qatar Airways flight from Los Angeles International Airport (LAX) to Doha Hamad International Airport (DOH). Allegations indicate that he was not provided with a vegetarian meal that he pre-ordered, and flight attendants were not concerned by this matter, reportedly telling him to “eat around” the meat in a regular meal. He then began choking and later died as a result, with family members citing aspiration pneumonia as the ultimate cause.
A wrongful death suit has been filed and claims that the captain refused to divert as the aircraft was over the Arctic. The family, however, alleges that the incident occurred over US airspace. Jayaweera was unconscious for about 3.5 hours before the plane touched down in Edinburgh, where he was pronounced dead at the scene. Qatar Airways has yet to respond to Simple Flying’s request for comment regarding the matter.
Everything We Know About The Incident
It is important to highlight that there is still quite a lot we do not know about this incident and have yet to confirm. This case involves a Los Angeles-Doha Qatar Airways flight, which was otherwise unremarkable. Reports published by The Independent have indicated that meal service onboard the aircraft began around 2.5 hours into a 15.5-hour flight. When crew service began, the specific incident occurred, with Jayaweera reportedly being given a meal that did not fall in line with his personal dietary restrictions before choking.
Crew attempted to assist the choking passenger, and his oxygen saturation reportedly fell to beneath 70% and never rose above 85% afterward. The discussion that appears to exist centers around when the incident occurred. The family has argued that the jet was over Wisconsin, although the captain refused to divert, claiming that the jet was actually over the Arctic. When the jet eventually did touch down in Edinburgh (EDI), Jayaweera had died.
What Are The Potential Impacts Of A Lawsuit?
While many of the specifics of this matter remain unconfirmed, the complaint itself alleges negligence and wrongful death. The failure to provide a pre-ordered vegetarian meal is the key allegation at hand. Telling a passenger to “eat around” the meat, which allegations insist ultimately led to choking, and the lack of an appropriate in-flight medical response could all be grounds for such a suit. Refusal to divert the aircraft despite a passenger experiencing severe hypoxia would also be grounds for a lawsuit if these allegations are confirmed.
Because the incident occurred in the skies, the liability exists in an odd legal gray area. Such a suit will be governed by the Montreal Convention, which allows for the liability of an onboard incident to be placed on a specific party. Plaintiffs in the suit will certainly argue that the meal mix-up and inappropriate response to a dying passenger’s worsening condition are causes for the airline to be held liable.
We have yet to receive a comment from Qatar Airways regarding the matter. Any evidence that could counter these allegations would be grounds for a strong defense in the case that this lawsuit makes it to the courtroom. At the end of the day, the question will remain as to exactly whether Qatar Airways breached protocol in this situation.
What Is Our Bottom Line In This Situation?
At the end of the day, Qatar Airways is currently being hit with some very serious accusations. If the airline is able to adequately explain its behavior and what actually happened on board that flight, it could provide some much-needed clarity for passengers who are undeniably concerned by this behavior.
These kinds of incidents do not tend to make the headlines too often. When they do, they often damage passenger perceptions of an airline, especially if later evidence ultimately confirms these kinds of allegations.
We will be quick to update this piece with any new information we receive from Qatar Airways or other parties that can confirm or deny the specifics of the situation. The incident occurred over the past few days.
