Discount Airline Spirit Airlines Sued Over Inability to Provide Defibrillator

Source: Internal Release


The law firm of Benson & Bingham files Federal Lawsuit against Spirit Airlines, Inc., for failure to supply and/or use an automated external defibrillator (AED) on a passenger for a flight bound for Las Vegas from Detroit, Michigan. The discount airliner is alleged to have violated Federal Aviation Regulation 121.803 when an ailing passenger suffered a heart attack on board the flight on December 14, 2011. That rule requires AED’s onboard all commercial passenger flights in the U.S. It is believed that CPR was given for 50 minutes; however, use of an AED was not believed to have been used. The passenger later died at Creighton University Hospital in Omaha, Nebraska after the Captain made an emergency landing. She was taken off life support and pronounced dead on December 16, 2011. The heirs, through their attorney Joseph L. Benson II, Esq., filed the complaint for Negligence and Negligence per se.

“This is a classic example of costs savings over safety. If proven to be true, there is a clear violation of federal law that in all likelihood could have saved our clients’ mothers life. It is well known that AED’s provide crucial help if used within a few minutes of a cardiac arrest—hence, why we have the law, and why they should be on board. The medical community has stated that every minute of delay is a 10% decrease in the survival rate. Our clients’ mother lost that opportunity.”

Attorney Joseph L. Benson II, Esq. can be reached at 702-392-9797 x. 226

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