United Airlines is paying $30 million to the family of a quadriplegic man who went into a coma following an incident as he was being wheeled off a plane.

The family of Nathaniel Foster Jr. alleged in a lawsuit that United "failed to abide by the standard of care owed to disabled passengers" after an agent "aggressively" pushed his wheelchair while helping him deplane in 2019. That caused Foster to sustain "significant" and permanent brain damage, according to the complaint.

As a result of the incident, Foster was left unable to speak or eat solid foods, and his life expectancy has fallen from 39 to 31.5 years, the suit alleged.

IV. FACTUAL ALLEGATIONS
1. Plaintiffs reallege and incorporate by reference all preceding paragraphs as fully set forth
herein.
2. On February 6, 2019, Plaintiffs experienced a death in their family. Plaintiff Pamela Foster’s
sister, Vickey Johnson passed away. Ms. Johnson was a resident of Bastrop, Louisiana.
3. The family decided to travel to Louisiana in order to attend the funeral.
4. On the same day, Plaintiff Pamela Foster called the Accessibility desk for Defendant United
Airlines, Inc. in order to make disability related flight arrangements for her son, Plaintiff NJ
Foster.
5. The Accessibility desk via an agent (name unknown, referred to hereinafter as “Agent #1”)
directed Plaintiff Pamela Foster to first purchase airline tickets prior to calling the accessibility
desk.
6. Plaintiff Pamela Foster did as directed and purchased (with a United Chase Mileage Plus
Explorer credit card) four round-trip tickets for her family, departing from San Francisco
International Airport (“SFO”), connecting in Houston, Texas and going onto the final destination
of Monroe, Louisiana. The departure date was set for February 8, 2019.
7. Plaintiffs’ itinerary was as follows: UA Flight No. 540: departing SFO at 7:15 a.m. to
Houston, Texas (IAH-BUSH INTL) with an arrival time of 1:02 p.m and UA Flight No. 4193:
departing Houston, Texas, at 2:20 p.m. and arriving in Monroe, Louisiana (MLU) at 3:29 p.m.
8. After purchasing her family’s tickets, Plaintiff Pamela Foster then immediately called back
Defendant United Airlines’ accessibility desk to make the necessary arrangements for her son, NJ
Foster.
9. During the call, Plaintiff Pamela Foster informed the operator (name unknown, referred to as
Agent #2) that her son, NJ required special assistance given his disability – he was a quadriplegic
individual, used a power wheelchair, tracheal tube, and ventilator.
10. Plaintiff Pamela Foster inquired about the size of the planes to fly from San Francisco to
Houston and from Houston to Monroe and requested assurances that the necessary assistance was
available in the embarking and disembarking process for her son, Plaintiff Conservatee NJ
Foster.
11. The operator, Agent #2, at Defendant United Airlines accessibility desk repeatedly
communicated to Plaintiff Pamela Foster not to worry and that the outbound plane from Houston,
Texas to Monroe, Louisiana was even larger than the plane from SFO to Houston and that all
staffing would be provided to embark and disembark her son.
12. Pamela Foster called a third time seeking further assurances. The operator at the accessibility
desk, Agent #3, repeatedly communicated to Plaintiff Pamela Foster that traveling with Plaintiff
NJ Foster was not a problem and that it was able to provide safe passage to Plaintiff NJ Foster.
In all, the three phone calls with the United Airlines Accessibility Desk agents (Agents #1-3), the
phone calls lasted thirty-seven (37) minutes.
13. On February 8, 2019, Plaintiffs arrived at the departure gate for UA Flight No. 540 at SFO.
14. In order to embark and disembark Plaintiff NJ Foster, it was necessary for him to be
transferred from his personal power wheelchair to a narrower “aisle chair” at the jetway.
15. Arriving at the departure gate at SFO, a single wheelchair assistant appeared from
PrimeFlight Aviation Services.
16. The assistant himself called additional staff to help transfer Plaintiff NJ Foster from his
personal power wheelchair to an aisle chair.
17. Approximately 4 attendants (Names Unknown) transferred Plaintiff Conservatee NJ Foster
out of his personal power wheelchair and placed him onto an aisle chair with leg, lap, and chest
straps, transporting him onto the plane without incident.
18. Plaintiffs departed SFO at or about 7:15 a.m. flying to Houston, Texas on a Boeing 737-800
airplane. Plaintiffs arrived in Houston, Texas at approximately 1:02 p.m.
19. Upon arrival to Houston, four or more attendants (Names Unknown) provided deplaning
assistance to Plaintiff NJ Foster.
20. After making the transfer onto another plane, Plaintiffs boarded UA Flight No. 4193 to
Monroe, Louisiana.
21. Plaintiff NJ Foster boarded the ERJ-145 airplane with the assistance of approximately 4 or
more attendants (Names Unknown) who again used the leg, lap and chest straps on the aisle chair
provided.
22. UA Flight No. 4193 was operated by Defendant ExpressJet Airlines, LLC dba United
Express.
23. Upon arrival at the Monroe Regional Airport on or about 3:29 p.m., the female steward
(Rachel White) inside the Express Jet, Inc. dba United Express plane communicated to Plaintiffs
to remain in their seats until the entirety of the plane disembarked in order to receive
disembarking assistance for Plaintiff NJ Foster.
24. Plaintiffs waited approximately twenty (20) minutes in their seats and observed that the
Captain of the flight (Joao Fernandes) disembarked from the plane as well. First Officer,
Christina Nikolov (employee of ExpressJet Airlines, LLC) was also on board the plane.
25. Once all passengers and the Captain had deplaned, the ExpressJet, Inc. flight attendant
(Rachel White) called for assistance. Linda Daniels, a second flight attendant was also on board
the plane.
6. Plaintiffs observed that a sole, African American, heavy-set woman (Charlotte Gibson,
Supervisor for Defendant DAL Global Services LLC), arrived with an aisle chair. Charlotte
Gibson identified herself as a “Supervisor” to Plaintiffs.
27. Plaintiffs Nathaniel Foster and Pamela Foster communicated to Charlotte Gibson that their
son is quadriplegic and needed the assistance of additional personnel to transport him off of the
plane. Plaintiffs communicated that typically four (4) to six (6) individuals had been used in the
deplaning process for their son on prior flights.
28. Charlotte Gibson appeared to get upset and communicated to Plaintiffs that she knew how to
transport disabled passengers, stating, “I know what I’m doing” and reluctantly called for an
additional employee from inside the Monroe Regional Airport for assistance.
29. A second, African American young woman (Mignon Jackson, Customer Service Agent for
DAL Global Services LLC), approximately 115 pounds came to assist with Plaintiff NJ Foster’s
deplaning process.
30. Again, Plaintiffs Nathaniel and Pamela Foster communicated their request for additional
personnel.
31. Supervisor Charlotte Gibson became even more visibly upset and communicated “Fine. Do
it yourself, then...I’m out.”
32. Mignon Jackson remained in the plane with Plaintiffs, holding onto Plaintiff NJ’s ventilator.
33. As Charlotte Gibson was leaving the airplane, she verbally called out to an African
American man, Robert Brown, Jr., Ramp Supervisor for Defendant DAL Global Services, LLC.
34. Robert Brown, Jr. boarded the plane and moved Plaintiff NJ from his seat onto the aisle
chair.
35. Robert Brown, Jr. secured Plaintiff NJ to the aisle chair with the use of the sole restraint, a
cross chest strap, that made an “x” formation.
36. On information and belief, the aisle chair used in the deplaning process was not in
accordance with the provisions set forth in the Air Carrier Access Act, 14 C.F.R. §382 et seq.
37. No further assistance was forthcoming.
38. One of two flight attendants on the airplane, Rachel White, ExpressJet Airlines, LLC
employee, did not offer to assist; nor did she assist Plaintiff NJ Foster in disembarking from the
plane.
39. Plaintiff Nathaniel Foster repeatedly urged Robert Brown, Jr. to go slow and be careful with
his son.
40. Plaintiff Nathaniel Foster walked in front of Plaintiff NJ’s aisle chair, facing his son in the
deplaning process.
41. Robert Brown, Jr. pushed the aisle chair occupied by Plaintiff Conservatee NJ Foster.
42. Mignon Jackson carried Plaintiff Conservatee NJ Foster’s ventilator.
43. Plaintiff Conservatee NJ Foster’s feet were dragging on the airplane’s flooring as he was
wheeled through and out of the airplane.
44. Robert Brown, Jr. aggressively pushed the aisle chair through the singular aisle of the small
plane, causing Plaintiff NJ Foster to sway and slip over the right side of the aisle chair on two
separate occasions prior to reaching the plane’s threshold.
45. On the first occasion, Plaintiff Conservatee NJ Foster prominently leaned to the right side,
and was propped up by his father, Plaintiff Nathaniel Foster.
46. On the second occasion, Plaintiff NJ again leaned to the right side, but was caught by an
interior wall of the plane that propped him up upon exiting from the plane.
47. Upon reaching the plane’s threshold, Robert Brown, Jr. pushed the aisle chair forcefully and
caused the aisle chair to move forward violently and then fall back.
48. Plaintiff NJ Foster’s body jerked forward and back in response and slouched down into the
seat.
49. Plaintiff Pamela Foster asked her son if he was okay and heard her son whisper, “I can’t
breathe.”
50. Plaintiff Pamela Foster immediately began yelling for assistance.
51. Dr. Edgar Leon Feinberg, a thoracic and cardiac surgeon, meanwhile was waiting inside the
terminal at Gate 6 to board the plane for his own flight.
52. Upon hearing Plaintiff Pamela Foster scream loudly for help from the jet bridge below, Dr.
Edgar Leon Feinberg identified himself as a doctor and offered assistance to the United Airlines
agent at Gate 6 (Name Unknown, referred to as Agent #4).
53. In response, Agent #4 audibly “giggled” and communicated to Dr. Feinberg that no help was
needed, that he could take his seat because “we got this.”
54. Dr. Edgar Leon Feinberg went back to his seat and sat down as directed.
55. Meanwhile, Plaintiff Nathaniel Foster looked to his son and immediately noticed that his son
looked wide-eyed, fearful, and that his lips were turning a deep purple color.
56. NJ Foster was removed from the wheelchair and laid onto the floor of the jet bridge,
attaching the plane to the airport terminal.
57. Gate Agent Mignon Jackson remained holding Plaintiff’s ventilator at all times.
58. Plaintiff NJ Foster went into cardiac arrest.
59. Plaintiff Nathaniel Foster provided CPR to his son.
60. Plaintiff Pamela Foster provided assistance to her son with an Artificial Manual Breathing
Unit (also known as an “AMBU” or “AMBU bag”).
61. Plaintiff Natalie Foster stood nearby watching her parents attend to her brother, NJ.
62. A police officer, “Private Blue” arrived and took over chest compressions from father,
Nathaniel Foster.
63. Approximately three (3) to five (5) minutes later, Dr. Edgar Leon Feinberg was called down
to the jetway.
64. Upon arrival at Plaintiff NJ Foster’s side, Dr. Feinberg observed that Plaintiff NJ Foster did
not have a pulse and began coaching CPR.
65. The fire department arrived at the scene on or about 4:27 p.m. and assumed chest
compressions.
66. According to the Fire Department’s report, its personnel checked Plaintiff NJ Foster’s
airway and found that his tracheal tube was not in place, which was also confirmed by an
additional medic.
67. Paramedics from Acadian Ambulance Services arrived, took over the CPR and AMBU bag
functions and transported Plaintiff NJ Foster (with Plaintiff Nathaniel Foster) to Saint Francis
Medical Center in Monroe, Louisiana via ambulance.
68. Plaintiffs Pamela and Natalie Foster were driven to the hospital in a police car.
69. Plaintiff NJ Foster was admitted into the Intensive Critical Care Unit of St. Francis Medical
Center in Monroe, Louisiana.
70. Upon arrival, NJ Foster was in a coma.
71. On or about February 19, 2019, Plaintiff NJ Foster was transported from St. Francis Medical
Center in Monroe, Louisiana, to Kaiser Hospital, Walnut Creek, California, via air ambulance.
72. Plaintiff NJ Foster has suffered a significant hypoxic brain injury, and has been given a very
poor prognosis by his physicians at Kaiser Hospital, Walnut Creek.
73. Plaintiff NJ Foster remains in a coma through the date of the filing of this amended
complaint.
74. As a result of the acts and omissions by Defendants and each of them, Plaintiff NJ Foster has
been seriously and grievously injured and damaged.
75. Plaintiffs Nathaniel Jr., Nathaniel, Pamela and Natalie Foster suffer and continue to suffer
from severe emotional pain and distress.

IV. FACTUAL ALLEGATIONS