Burns Charest attorneys Darren Nicholson and Hannah Crowe secured a $9.6 million verdict in California federal court against American Airlines, finding that the crew of a flight from Miami to Madrid failed to follow policies and procedures when a passenger suffered a stroke shortly after takeoff in 2021. Jesus Plasencia, a beloved chef from Watsonville, California, suffered debilitating injuries because American never diverted the plane, resulting in an eight-hour delay to Mr. Plasencia getting stroke treatment.  

Evidence presented during the six-day trial confirmed Mr. Plasencia suffered a short transient ischemic attack (TIA) while at the gate in Miami. Like many who experience a TIA, Mr. Plasencia was unaware anything had happened. Mr. Plasencia’s wife, Marcela Tavantzis, alerted a flight attendant that her husband had temporarily lost motor control and started “speaking gibberish.”  

Rather than report the incident to medical personnel as required by American Airlines' policies, the pilot cleared Mr. Plasencia for take-off. When Mr. Plasencia exhibited additional stroke symptoms shortly into the flight, the flight crew asked other passengers to watch him but did not inform the pilot about what was happening. 

“It is shocking that American Airlines responded so poorly to a medical emergency like this, and it is appalling that the airline tried to defend its conduct by claiming Mr. Plasencia had pre-existing conditions,” says Mr. Nicholson.  

 “Under a treaty called the Montreal Convention, passengers have extra protections on international flights,” says Ms. Crowe. “The jury rightfully determined American violated the law, and we are grateful for their verdict.”  

The verdict has received media coverage in The Dallas Morning News, The Texas Lawbook, and Law360.