Airlines may face charges over DVT deaths

Airlines that carried passengers who have died from suspected deep vein thrombosis (DVT) might be charged with manslaughter. If the cases go to court, senior directors of airlines could face life imprisonment, and their companies unlimited fines.

Detectives from South Wales, and Devon and Cornwall constabularies are investigating three complaints from the families of passengers who died after long-haul flights. Eleven more cases are expected to be lodged with the police shortly.

The Crown Prosecution Service (CPS) said yesterday that it had also been asked by the Chief Constable of Dyfed Powys for "preliminary advice" in gathering evidence in relation to charges of corporate manslaughter resulting from DVT. Prosecutors have advised that a successful prosecution rests on identifying a "duty of care" and a "controlling mind" at the airlines.

Police forces have asked the Association of Chief Police Officers to draw up guidelines to help officers investigate a growing number of corporate manslaughter cases resulting from suspected DVT deaths.

South Wales Police said they were compiling evidence in one complaint brought by the family of Sara Brown, a 23-year-old chemistry graduate, who died after a 25-hour flight from Sydney to London. A South Wales Police spokesman said: "We will now prepare a file of evidence which will be sent to the CPS. Statements are still being taken from some of the witnesses."

Devon and Cornwall Police have received two complaints of DVT deaths. They are being referred to the Sussex and Metropolitan police forces which have jurisdiction for the deaths. "Although the incidents happened outside of this force's jurisdiction, as a matter of professional courtesy officers have liaised with the Crown Prosecution Service, the Health and Safety Executive and the National Crime Faculty on behalf of the families," a spokesman said.

The two airlines on which the two Devon and Cornwall passengers travelled are British Airways and Singapore Airlines. Ms Brown died three weeks after she returned on a MyTravel flight from Sydney.

Symptoms of DVT include swelling of the calf muscle, discoloration and fever. Once DVT has been diagnosed, the blood clot, even if it has reached the lungs, can be dispersed with anti-coagulants. Deaths occur because of a failure of diagnosis.

The CPS has found it difficult to secure convictions for corporate manslaughter because of the need to identify a single person, often in a large organisation, who can be said to be the "mind and will" of the company. The Government has promised to introduce laws to make prosecution of company directors easier, but has delayed the legislation.

Last year British families of victims of DVT were told they could not bring claims for compensation against international airlines in the UK courts. The High Court ruling was delivered in London hours after judges in Australia decided a similar legal action in favour of survivors and victims of what has become known as "economy class syndrome". The British claimants are to take their case to the Court of Appeal in the summer.

The 56 British survivors of DVT and relatives of those who died are seeking damages from 27 carriers that allegedly did not warn them of the disease, which has been linked to long-haul flights.

Mr Justice Nelson gave his decision on the preliminary issue of whether DVT could be an accident under the terms of the 1929 Warsaw Convention. Lawyers said airlines knew the risks but ignored them and that the convention had been drafted "in the age of the biplane" and had no relevance to the "age of the jumbo jet".

A British Airways spokesman said the company was "not aware of any criminal proceedings" and declined to comment further.

'She cried. She knew something was seriously wrong'

Three weeks after returning from her brother's wedding in Sydney, Sara Brown found she was having trouble breathing.

Although she was admitted to hospital, doctors failed to diagnose her illness and days later she died in her father's arms after suffering a pulmonary embolism.

Her parents believe their 23-year-old daughter was a victim of deep vein thrombosis (DVT) after a 25-hour long-haul flight from Australia to England and her case is about to be sent to the Crown Prosecution Service.

In the days leading up to her death doctors had first suspected food poisoning but then treated her for a chest infection.

Ms Brown, from Swansea, was a healthy medical chemistry graduate when she flew home with her parents from 28-year-old Jason's wedding in Sydney two years ago.

Her family now blames cramped seating and poor-quality air in aircraft cabins for the clots, which develop in the legs and can kill if they reach the lungs.

Her mother, Pat, said recently: "She went to the doctors and to hospital for tests and X-rays but nobody could find an explanation. For the last few days she slept downstairs because she couldn't make it up the stairs. She cried and said she didn't want to die. I told her she wouldn't but she knew something was seriously wrong."

On the night Ms Brown died her troubled breathing woke her.

Her father, Richard, said: "We called an ambulance but she just keeled over in front of me and died in my arms. It was devastating."

Farrol Kahn, director and founder of the Aviation Health Institute, says Ms Brown died after a blood clot in her leg was dislodged and found its way into her lungs.

"It was over three weeks after the family had returned from Australia and they didn't think her symptoms had anything to do with the flight," Mr Khan said.

"These blood clots can be the same size as small eels and can travel quickly through the body. If they reach the lungs the result is almost certain death," he said.

Mr and Mrs Brown have since joined forces with their GP's surgery to produce leaflets warning travellers of the dangers and setting out simple steps passengers can take to avoid DVT.