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United breaks custom made wheelchair, passenger dies months later from complications

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United breaks custom made wheelchair, passenger dies months later from complications

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Old Nov 6, 2021, 11:36 am
  #1  
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United breaks custom made wheelchair, passenger dies months later from complications

A disabilities rights activist has died from complications of an infected ulcer three months after United Airlines allegedly destroyed her custom-made wheelchair and provided her with a replacement that did not properly support her body.
Engracia Figueroa, 51, died on Sunday from complications from an infected ulcer, two weeks after she was admitted to an ICU for the second time since her wheelchair was reportedly destroyed onboard a United Airlines flight.
the wheelchair was reportedly destroyed in the cargo hold of a flight from Washington DC to her hometown of Los Angeles back in August, and she was forced to use a replacement that did not properly support her, resulting in a pressure sore and acute pain.United had agreed to fully replace her wheelchair, which was valued at $30,000, under the Air Carrier Access Act, ABC 7 reported, saying at the time it was 'working to fix the wheelchair as quickly as possible.'

But in the months that it took to replace the custom wheelchair, Hand in Hand said, 'Engracia was forced to use a loaner chair that was not properly fitted to Engracia's body.

But in the months that it took to replace the custom wheelchair, Hand in Hand said, 'Engracia was forced to use a loaner chair that was not properly fitted to Engracia's body.

'This further exacerbated her pressure sore and caused muscle spasms, severe edema, and an inability to eat, as well as two additional hospitalizations.

'The sore became infected, and the infection eventually reached her hip, requiring emergency surgery to remove the infected bone and tissues.'

Figueroa died of complications from that infection, according to Hand in Hand, saying it 'should never have happened.'


https://www.dailymail.co.uk/news/art...r-damaged.html

On average, airlines damage or destroy 29 wheelchairs per day.

Engracia said in multiple interviews, “Mobility devices are an extension of our bodies. When they are damaged or destroyed, we become re-disabled. Until the airlines learn how to treat our devices with the care and respect they deserve, flying remains inaccessible.”
https://secure.everyaction.com/tUhs-DW8J0qqU2jbZQMrrA2
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Old Nov 6, 2021, 1:08 pm
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Originally Posted by prestonh
United had agreed to fully replace her wheelchair, which was valued at $30,000, under the Air Carrier Access Act, ABC 7 reported, saying at the time it was 'working to fix the wheelchair as quickly as possible.'

But in the months that it took to replace the custom wheelchair, Hand in Hand said, 'Engracia was forced to use a loaner chair that was not properly fitted to Engracia's body.

But in the months that it took to replace the custom wheelchair, Hand in Hand said, 'Engracia was forced to use a loaner chair that was not properly fitted to Engracia's body.
While tragic - their are risks when flying with a custom wheelchair. If I reach a point where I need a custom wheelchair - and my life depends on a custom wheelchair - my flying days will be over.

UA agreed to pay for a replacement - outside of that, it was out of UA's control.
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Old Nov 6, 2021, 3:19 pm
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Originally Posted by HNLbasedFlyer
While tragic - their are risks when flying with a custom wheelchair. If I reach a point where I need a custom wheelchair - and my life depends on a custom wheelchair - my flying days will be over.
And the incidents of wheelchair damage are invariably described as the "device being destroyed" by said airline. I don't believe that's the case in this, or other incidents. This was a custom-built device, and like a custom-built car, when you take it out you risk having it being accidentally damaged. Why should people traveling with custom equipment like this not be required to have insurance for it?
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Last edited by WineCountryUA; Nov 6, 2021 at 4:07 pm Reason: Odd topic content removed
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Old Nov 6, 2021, 4:05 pm
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Originally Posted by jimmc66
Why should people traveling with custom equipment like this not be required to have insurance for it?
I'm not even sure places insure those things - regardless, UA agreed to fork over the $30,000 for a new one. Cost wasn't the issue. The issue apparently what the time needed to actually make a new custom one and the non-custom one was a problem but UA can't do anything about that.
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Old Nov 6, 2021, 6:42 pm
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I think some of the comments here are a little harsh. I have a friend who has been in a custom wheelchair for nearly 50 years. He has as much right to a full life as anybody else. Why should he stop flying commercial. Because the wheelchair is an extension of his body, he does have a spare. His doesn't cost $30K and not everyone can afford a $30K spare. I think airlines could use extra care on something as important as a custom wheelchair. It is very obvious when a wheelchair is custom.
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Old Nov 6, 2021, 6:54 pm
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Let's not wander into ADA / ACAA requirements for access regardless of ability. Those are subjects beyond UA, UA does not appear to be challenging the access requirements. So let's stick UA's responsibilities to transport and how UA handled the incident. The death of the individual is tragic but the individual is not the subject of the forum, UA is.

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Old Nov 6, 2021, 7:00 pm
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So what is United's liability here?

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Old Nov 6, 2021, 8:12 pm
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The suggestion implied by the daily mail that the death is related to United Airlines is a bit far fetched. True she had her wheel chair damaged some months earlier, true she died months later and had pressure ulcers which she may not have had if the wheelchair were available, but linking the death of a person with long-standing spinal injury to an incident of damage to a wheel chair few months earlier is far-fetched and typical daily mail sensationalism to sell their news and boost readership. It is unfortunate she died, but it is bad form to attempt to blame the death on the airline. Of course the mail knows there is no basis to blame United for either her illness or her death, and they were very careful not to do so directly in the article.
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Old Nov 6, 2021, 8:19 pm
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Originally Posted by DELee
So what is United's liability here?

David
$30K for the new chair?
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Old Nov 6, 2021, 9:41 pm
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Originally Posted by DELee
So what is United's liability here?
The legal principle of "proximate cause" is beyond the scope of this forum.

While we may wish to look it up for our own edification, general discussion of such concepts should be relegated elsewhere. OMNI?
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Old Nov 7, 2021, 1:50 am
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What the airlines should be much more clear about, is the maximum dimensions and weight of a mobility device to ensure it is not damaged during loading or, even worse, causes injury to those staff members tasked with loading the aircraft.

This should be written both in the conditions of travel and be displayed during check-in. If a passenger decides to check-in a device which exceeds the size limits, they would need to sign a waiver which absolves the airline of all damage that might occur during handling of the device, as well as making the passenger liable for any damage to the aircraft. For devices exceeding the weight limit, carriage should be denied in order to firstly protect the health and safety of staff and, secondly, the structural integrity of the aircraft.

An alternative means of transport for the devices exceeding size and/or weight limits should also be offered, at a cost obviously, to involve crating the device and sending it as cargo.

Last edited by Sheikh Yerbooty; Nov 7, 2021 at 2:03 am
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Old Nov 7, 2021, 11:02 am
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I can see an issue in that these chairs are heavy, cumbersome and fragile -- yet aren't carefully packaged, unlike other fragile items. (Taylor guitar?) Not sure what the solution is.

And with due respect to the daily mail, I wonder if this is listed as cause of death on the death certificate.
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Old Nov 7, 2021, 3:19 pm
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Originally Posted by Sheikh Yerbooty
What the airlines should be much more clear about, is the maximum dimensions and weight of a mobility device to ensure it is not damaged during loading or, even worse, causes injury to those staff members tasked with loading the aircraft.

This should be written both in the conditions of travel and be displayed during check-in. If a passenger decides to check-in a device which exceeds the size limits, they would need to sign a waiver which absolves the airline of all damage that might occur during handling of the device, as well as making the passenger liable for any damage to the aircraft. For devices exceeding the weight limit, carriage should be denied in order to firstly protect the health and safety of staff and, secondly, the structural integrity of the aircraft.

An alternative means of transport for the devices exceeding size and/or weight limits should also be offered, at a cost obviously, to involve crating the device and sending it as cargo.
"making the passenger liable for any damage to the aircraft" - so if the baggage / cargo handlers screw up, you think the passenger should pay? That's flat-out nuts.

As for your other suggestions, please see the ADA.
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Old Nov 7, 2021, 3:27 pm
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Originally Posted by CDTraveler
"making the passenger liable for any damage to the aircraft" - so if the baggage / cargo handlers screw up, you think the passenger should pay? That's flat-out nuts.

As for your other suggestions, please see the ADA.
Just as you wouldn’t show up with a ultra rare Ferrari, asking baggage handlers to treat a apparently $30K specialized piece of equipment is asking a little much. Basically you go from baggage handlers that deal with norm, to asking them to all of a sudden have some special skills to deal with a very sensitive piece of equipment.

I for one would never let baggage handlers touch anything important.
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Old Nov 7, 2021, 3:37 pm
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Originally Posted by COSPILOT
Just as you wouldn’t show up with a ultra rare Ferrari, asking baggage handlers to treat a apparently $30K specialized piece of equipment is asking a little much. Basically you go from baggage handlers that deal with norm, to asking them to all of a sudden have some special skills to deal with a very sensitive piece of equipment.

I for one would never let baggage handlers touch anything important.
So essentially you're saying passengers with disabilities who need specialized equipment should not fly.

Actually, baggage handlers should have the skills to handle specialized equipment. They handle golf clubs, skies, surfboards, lots of kinds of sporting gear which is awkward, heavy, etc. - why should people who want gear for recreation be accommodated but not those with disabilities? We live in a society where an increasing number of persons with mobility issues are in the workforce, and need to travel as part of their job, and have the same right to travel for leisure as those without disabilities. Airlines need to solve this problem, and stop blaming passengers.
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