Plaintiff alleges major airlines' negligence led to passenger's death


Judge Joan M. Azrack | wikipedia.org

An individual has filed a lawsuit against two major airlines, alleging negligence in the death of his brother. The complaint was lodged in the United States District Court for the Eastern District of New York on October 31 against American Airlines, Inc. and British Airways PLC.

The case centers on a June 25, 2023, incident in which Shimon Breuer experienced a fatal asthma attack during a flight from London Heathrow Airport to John F. Kennedy International Airport in New York. According to the lawsuit, Hershel Breuer, the plaintiff and executor of his brother's estate, claims the flight crew did not provide necessary medical assistance or take emergency measures despite Shimon's critical condition. The alleged negligence is cited under Article 17 of the Montreal Convention, which governs international air travel.

The suit contends that both airlines failed to follow safety protocols and policies for in-flight medical emergencies. Hershel claims that British Airways' crew did not seek medical help or use emergency equipment and made no announcement for onboard assistance or attempt to expedite landing for urgent intervention.

The lawsuit seeks compensatory damages for past and future lost earnings, loss of companionship and support, as well as compensation for Shimon’s pre-death pain and suffering. It also holds American Airlines liable due to its code-sharing arrangement with British Airways.

Breuer is represented by Abram I. Bohrer of Bohrer & Lukeman PLLC. The case has been assigned civil Case No. 1:24-cv-07626.

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