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"Kicked off from an Air Canada flight for not having her Epipen"

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"Kicked off from an Air Canada flight for not having her Epipen"

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Old Oct 22, 2018, 5:38 am
  #1  
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"Kicked off from an Air Canada flight for not having her Epipen"

In La Presse this morning.

Some Google Translate for our non French-speaking readers:

Suffering from a severe allergy to almonds, Mrs. Leroux-Gillespie talks to the flight attendant about whether the nuts may have been in contact with other foods. She would have asked her if she had her EpiPen. "This is where I explain that I was stolen on the beach," says Ms. Leroux-Gillespie in an interview at La Presse.

Then things go wrong. The staff orders him to "leave the plane immediately," says Leroux-Gillespie. In the notice sent to Air Canada last September, the young woman described the events as "upsetting". She told La Presse that she felt "humiliated" and suffered "a panic attack".
On April 9, 2017, Zella Leroux-Gillespie filed a complaint with Air Canada seeking reimbursement of the costs incurred as a result of the events. "She receives a response [...] explaining that the staff [...] was justified in the circumstances of requiring [that she leave] the aircraft" since she did not have an EpiPen. "So, [we] could not offer a refund," says the formal notice.

Today, Ms. Leroux-Gillespie is claiming $ 2169 from Air Canada for the cost of the purchase of her airline tickets, the night at the hotel and the medical service, among others, as well as a sum of $ 1,000 for "moral damages (troubles, stress and inconvenience)". She even claims to have used the help of a psychologist twice, on her return.
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Old Oct 22, 2018, 6:26 am
  #2  
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Airline sued for saving passenger's life...
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Old Oct 22, 2018, 6:39 am
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The article also says that one of the fellow nearby passengers told the crew that they can give their EpiPen to the victim to use in case of need

Last edited by MasterGeek; Oct 22, 2018 at 9:00 am
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Old Oct 22, 2018, 6:58 am
  #4  
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Typical sensational journalism given a new life on FT with no new facts.

If the woman had died or a medical diversion been required as the result of her going into shock and AC knew that she required an Epi Pen and did not have it with her:
1. AC sanctioned by government regulators.
2. AC sued.
3. Same over-sensational article, this time about "killing" a passenger.
4. Same FT reposting.

It is AC's obligation to assure that passengers are "fit to fly." This one was not. She required an EpiPen. The fact that some other non-professional said that they would share something they said was an EpiPen is not good enough.
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Old Oct 22, 2018, 7:45 am
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Someone else having an Epipen has no relevance. What if that passenger had a reaction and needed it as well? AC would still bear liability for not having enough equipment to keep everyone safe after knowing the passengers' conditions.
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Old Oct 22, 2018, 8:26 am
  #6  
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Someone who suffers allergies sufficiently life-threatening that she has to ask what may have come into contact with something else and who is presumably prescribed Epinephrin, needed to get her pen replaced before boarding,
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Old Oct 22, 2018, 8:42 am
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If everything is true, I completely agree with AC on this one.

I am not saying this is relevant to this incident, but I believe Epipen is carried onboard in the medical kit?
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Old Oct 22, 2018, 9:32 am
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Originally Posted by hkskyline
Someone else having an Epipen has no relevance. What if that passenger had a reaction and needed it as well? AC would still bear liability for not having enough equipment to keep everyone safe after knowing the passengers' conditions.
I also don't think I'd trust my life to some unknown person's medical device that involves a large needle going in to my body.
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Old Oct 22, 2018, 10:14 am
  #9  
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Well the majority of you share my opinion, so I won't pile on
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Old Oct 22, 2018, 10:38 am
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I sold you a car that is a death trap and will very likely kill you. So i take the car away from you, i dont owe you a refund.

i saved your life, still.
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Old Oct 22, 2018, 10:45 am
  #11  
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I don't know Canadian laws and regulations, but it seems to me that it violates medical privacy to ask about the epipen. Also, the FA isn't medically qualified and shouldn't assume that a given passenger should use or has been prescribed a particular pharmaceutical product or medication.
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Old Oct 22, 2018, 10:54 am
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Originally Posted by MSPeconomist
I don't know Canadian laws and regulations, but it seems to me that it violates medical privacy to ask about the epipen. Also, the FA isn't medically qualified and shouldn't assume that a given passenger should use or has been prescribed a particular pharmaceutical product or medication.
Assuming the translation is a faithful representation of a truthful statement, it was the PAX who engaged the FA on the subject of almonds in the cabin.

I'm sure the FA could quite casually have said words to the effect of "well, if you don't have an EpiPen we can't guarantee your health" or even "having self-identified as possibly dying on my aircraft, GTFO my aircraft".
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Old Oct 22, 2018, 10:57 am
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Originally Posted by MSPeconomist
I don't know Canadian laws and regulations, but it seems to me that it violates medical privacy to ask about the epipen. Also, the FA isn't medically qualified and shouldn't assume that a given passenger should use or has been prescribed a particular pharmaceutical product or medication.
The passenger initiated a conversation regarding a medical issue; asking relevant questions is now fair game. You are correct that the FA may not be able to make the assessment independently BUT perhaps the passenger self-assessed as REQUIRING an epipen in-case of accidental exposure to the allergen in questio OR there was a medical notation on file for the passenger - we don't know.

I do think a refund should have been offered, even if just as a good-will gesture under the circumstances.
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Old Oct 22, 2018, 11:11 am
  #14  
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My understanding was that anything this serious had to be cleared with the medical desk.

​​​​​
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Old Oct 22, 2018, 11:16 am
  #15  
 
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AC notes the responsibility to carry an Epipen with you.
  • In addition to carrying one or more EpiPen Auto-Injectors, customers with severe nut/peanut allergies are responsible for taking any other precautions, such as packing their own snacks, using a hand sanitizer, and bringing wet wipes to clean surrounding areas.
if she wanted a buffer zone on the aircraft, she would have needed to contact the medi desk and they may have also stipulated a requirement for the Epipen.

Also, most people I know with a severe allergy travel with more than one Epipen. One to carry with them, and one as a backup.

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Last edited by ChrisA330; Oct 22, 2018 at 11:21 am
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