A 71-year-old man, Jaime Jesus Carvajal, is taking steps to bring a lawsuit against United Airlines, claiming that the airline failed to adequately accommodate his oxygen requirements during a recent flight, which he alleges aggravated his existing health issues. This situation comes after he travelled to Colombia accompanied by a medical certificate confirming his need for supplemental oxygen.
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Carvajal, who has been diagnosed with chronic obstructive sleep apnea and chronic obstructive asthma, relies on a breathing device to function both day and night. His journey to Colombia stemmed from a family emergency concerning his son’s health. He purchased his ticket through his sister in Dallas, Texas, and made arrangements to check his oxygen concentrator and provide the necessary documentation at the airport.
Upon arrival at the check-in, Carvajal supplied a medical note from his pulmonologist outlining his continuous oxygen requirement, receiving verbal assurances from United staff that he would be permitted to use the device throughout the flight. “I had direct conversations with the cabin crew and the check-in agent, and they confirmed that everything was in order,” he recounted.
However, during the flight from Salt Lake City to Houston, problems began to unfold. Carvajal reported that two hours into the journey, his oxygen device ran out of power. Despite his immediate plea for assistance from a flight attendant, he was only relocated from an economy seat to an available spot in business class. “When I changed seats, the device appeared to start working for a moment. I managed to doze off, but it soon turned off again,” he expressed.
Representing Carvajal, attorney David Head indicated that neither available power source in the new seating area had been functional at the time, leading to a critical situation for his client. Carvajal evidently reached Panama, from where another airline was able to provide the necessary oxygen support, yet he returned with worsening health conditions. Medical records from Intermountain Health, analysed by a media outlet, revealed that he has been experiencing severe headaches and deteriorating kidney function since the trip.
“It could have easily been avoided. United had several opportunities to address the problem correctly, but failed to do so,” Head stated. As they prepare to file a formal civil complaint against the airline in the coming months, he noted that the legal process might take two to three years before reaching a conclusion.
When Carvajal initially contacted United for assistance regarding the matter, he received a mere $150 flight credit as compensation for what he described as a distressing ordeal. In his remarks directed at the airline, he urged greater sensitivity and training for staff handling elderly passengers with health vulnerabilities, highlighting the need for improved procedural support.
While a spokesperson for United Airlines declined to comment specifically on the incident, guidelines from the airline specify that passengers are permitted to use portable oxygen concentrators that have received Federal Aviation Administration (FAA) approval. However, they are responsible for notifying the airline at least 48 hours in advance and must bring sufficient battery power to last for one and a half times the duration of the flight, including any connecting journeys.
It is important to note that the airline does not guarantee seats equipped with power points, and, as per FAA regulations, providing oxygen service is not mandated for airlines, leading to a lack of such provisions on many commercial flights.
Carvajal’s situation raises significant concerns regarding the obligations of airlines to support passengers with medical needs, particularly the elderly or those with chronic illnesses. As he prepares to pursue legal action, the case could spark broader discussions about air travel accessibility and the responsibilities of airlines in safeguarding the health and safety of all their passengers.