While I respect the OP's wish for privacy, suing is SOO way over the top I almost laughed at it. It was a mere helpful suggestion, not a requirement.
Unless the medical device is some type of vacuum pump to help with a very private matter "down there", either put a tag on it or expect to be questioned as airlines are more strict about carry on. Maybe carry a letter from your doctor with you in case you are questioned again.
The point is you have to tell them what's in the bag. You can either tell them verbally, or you can write it on the bag, but you aren't going to get around telling them.
As for them charging you for checking your medical supplies, as long as it met the criteria (ie, only medical supplies), you were wrongly told you'd be charged. If they're that stubborn, I'd pay the fee but apply for a refund from Delta customer service.
The complaint by the OP has to be one of the most ridiculous ones to ever appear on FlyerTalk -- and that is saying a lot.
I am so tired of the hyper-legalistic mentality adopted by many in this country.
The OP had an extra bag. It was not labeled (and even if it was, it would be subject to inspection/verification IMO). The FA basically say, "Look, bud, if you're going to bring on an extra carry-on because it's medical stuff, label it as such." Duh.
But the prima donna OP thinks that the FA is supposed to magically guess that he needs, and is carrying, medical equipment. And then, he's going to get his behind up around his shoulders because she dares call him out on it and force him to divulge that he has some sort of top secret medical condition requiring him to carry top secret medical equipment.
The only thing I can possibly think of that would be so top secret would be some sort of erectile support device.
How would you like the contents of your luggage displayed for all to see? Actually, who cares. The OP doesn't want to share the fact that he needs ANY medical device with the world. Those of us who need to carry such a device, whatever it is, expect to have to explain it to those who would seek to charge us extra fees. But to write it on the outside? No. It's none or your business whats inside his bag. The airline? Yes, they need to know -- one, so that the bag is exempt from sopme charges (if within policy) and two, to make sure the device is safe to fly (such as oxygen equipment).
Then don't tag the equipment -- it was just a recommendation in any case. Just be prepared to hear the questions and make the explanations on each flight. If the OP doesn't tag his/her equipment, the FAs won't know that it's covered by the medical equipment exemption, and are fully within their mandate to question the extra carry-on items.
This is what I want to say every time a GA or FA loudly declares that I have three bags (one is a CPAP bag with a 2" square "Respironics" logo). It's ok, I just as loudly (and cheerfully) declare that it's medical equipment. I have had one GA ask me to open it up at the gate and pull out the tubing (she couldn't tell the CPAP was a CPAP) (guess people are trying to smuggle that third checked bag a lot).
Why "Price Check?" Because it's kinda like being in line at the grocery store and having the cashier ask that over the PA . . .
Yah, this is not a HIPAA violation at all. ADA might be another matter, but I'll leave that to the lawyers.
Now, meme safely planted, I will scurry back into the darkness ;-)
(Side note: the vast majority (90%+) of GAs and FAs in my experience don't care or are clueful enough to figure out a) what's in the third bag and b) that my rollaboard and CPAP together are smaller than a lot of the rollaboards out there . . . it just seems to be the ones who are trained to count "1 . . 2 . . TOO MANY" that I have problems with.
An amazing situation after flying 26 years and never having a problem with my medical equipment on NW, Delta or Continental, I was recently singled out and harassed when attempting to carry on a legitimate piece of medical equipment on a Delta flight.
The lead flight attendant questioned the extra bag, despite adequate on-board storage space on the flight. When I explained it was a piece of medical equipment, she strongly recommended that the unit/carrying case be tagged as medical equipment so as not to be hassled on future flights.
When traveling with colleagues, I don't want to have questions about my personal medical situation and feel that HIPAA allows for privacy around the matter. For a lead flight attendant to suggest this, in my opinion is a violation of medical privacy laws such as HIPAA.
In fairness, I asked for clarification she noted that it was not airline policy or a requirement, but strongly encouraged a tag to avoid future 'confrontation' on Delta. I wonder if Delta knows flight attendants, especially senior, lead attendants, are suggesting things such as this. I believe Delta and/or their staff could be sued if they continue this behavior.
This happened after a counter supervisor in Denver refused to check my medical equipment w/o paying a $25.00 fee for a second bag (Pre-merger approval). I understand that Delta does in fact have a policy for exempting bags for issues such as medical equipment but said they had no way of overriding the payment prompt in their computer. Her response was, "To fly, you pay or you carry it on". I wound up carrying the device but had to check it plane side because of it being too large to fit into the overhead in a regional aircraft.
I am contacting Health and Human Services to identify what our rights are relative to medical privacy when flying on airlines. One has to wonder how Delta staff is trained when they either don't know their own policies or fail to realize how their actions may be a violation of privacy/individually protected rights by the government.
Perhaps before you go contacting HHS, you should (A) learn the name of the rule and (B) read it?
Sorry, but the law does not cover you (I have READ IT! LOL!)
And in order to get the extra bag you have to have a reason. You seem to be willing to claim a reason if you get something free so you were WILLING to tell them you have a medical condition when it "helped" you but willing to pitch a fit when you felt unhappy! Hmm.... If you can have THREE carryons then you don't want that to be a HIPAA violation, but if you have to "explain" the third one it is? I guess FAs should just read your mind and know?
What one really wonders is ARE YOU FOR REAL? Don't you think your co-workers wonder why you think you are "ABOVE" the rules? \\
