Boston Injury Lawyer Blog

May 2, 2017

Study Reveals Traumatic Facial Injuries are Common Among Nursing Home Residents

In March 2017, the journal JAMA Otolaryngology – Head & Neck Surgery published a study analyzing the incidence of traumatic facial injuries in U.S. nursing home residents. According to the study results, between January 2011 and December 2015 a total of 109,795 nursing home residents needed emergency care for facial trauma. Most traumatic facial injuries are suffered in fall accidents.

Traumatic Facial Injury Statistics

The study reported that female residents are victims of traumatic fall injuries more than their male counterparts, accounting for about 65.1 percent of injuries requiring emergency treatment. The statistics below provide additional insight into the severity and frequency of facial trauma injuries among nursing home residents.

The median age for those who require emergency treatment is 84.1.
The most common facial injuries requiring emergency treatment are lacerations (44.3 percent), hematoma, avulsions, and contusions (41.8 percent), and fractures (12.7 percent).
The most common locations of traumatic facial injuries are nasal and orbital (eye).
Most nursing home facial injuries are caused by structural housing and fixed items (57 percent), or occur during the transfer of residents to and from bed (22.6 percent).

Although nursing home patients can fall for reasons that have nothing to do with improper care or negligence, many falls could have been easily prevented by taking minor safety precautions. A 2012 study conducted by the U.S. Department of Health and Human Services revealed that about 59 percent of resident injuries that occur in nursing homes are preventable. A MA nursing home negligence attorney can help you determine how to recover damages if your loved one has been injured due to negligence

Nursing Home Negligence

When we make the difficult decision to move our loved one into a nursing home, we do so with the hope that staff will provide excellent care and treat our loved one with kindness and compassion. Unfortunately, nursing home negligence – and even abuse – occurs with shocking frequency. The statistics below shed some light on the severity and frequency of this problem. A Boston injury lawyer can help you determine how to proceed if your loved one has suffered nursing home abuse or neglect.

Approximately 1.4 million people currently live in nursing homes in the U.S.
In 2003, more than 20,000 official complaints were received by authorities.
Only one out of every 14 cases of nursing home abuse is properly reported to authorities.
More than 90 percent of nursing home facilities fail to hire adequate staff to properly care for residents.

Signs of Nursing Home Neglect

If you notice any of the signs below when visiting your loved one, they could indicate that your loved one is suffering from neglect.

Dehydration
Appearing agitated, withdrawn, or non-communicative
Fractures
Head injuries
Malnutrition
Infections
Bed sores
Rapid weight loss or gain
Unexplained wounds, bruises, and cuts
Sudden and unusual behavior changes
Reluctance to speak in front of staff members
Isolation

May 2, 2017

Beware of Tractor-Trailer Blind Spots

by Altman & Altman

It’s common knowledge that accidents involving tractor-trailers (otherwise known as 18 wheelers and big rigs) can be deadly. Due to a large truck’s sheer weight and size (up to 80,000 pounds), drivers and passengers in smaller vehicles are disproportionately at risk of serious injury and death when involved in a collision involving a large truck. But what many people are not aware of are the multiple blind spots, on both sides and behind tractor trailers. Knowing that these blind spots are there, where they are located, and how to ensure that truck drivers can see your vehicle, may just save your life.

Avoid the “Danger Zones”

When driving beside or behind a tractor-trailer, avoiding the “danger zones” can dramatically reduce your chances of being involved in an accident. Danger zones are located:

20 feet in front of the truck;
on both sides of the truck;
and 30 feet behind the truck.

Interestingly, the blind spot on a tractor-trailer’s left side is slightly smaller than that on the right. For this reason, it is usually safest to pass on the left side. A MA trucking accident lawyer can help you determine how to proceed if you’ve been injured in an accident involving a large truck.

In addition to being aware of the blind spots, drivers of passenger vehicles should also take into account the extended time that it takes large trucks to come to a complete stop, up to 40 percent longer than passenger vehicles. If you find yourself in a truck’s danger zone, consider decelerating or accelerating (whichever option is safest) to remove yourself from the blind spot.

Trucking Accident Statistics

Trucking accidents kill thousands of people in the United States annually. Causes range from driver negligence to equipment failure. A Boston injury lawyer can help you recover damages if you’ve been injured in a trucking accident.

In 2015, 3,852 people died in accidents involving large trucks.
About 69 percent of these fatalities were occupants of passenger vehicles, while 16 percent were truck occupants, and 15 percent were motorcyclists, bicyclists, or pedestrians.
The number of people killed in accidents involving large trucks in 2015 was up 22 percent from the lowest year on record, 2009.
Common causes of trucking accidents include, driver fatigue, improper truck maintenance, distracted driving, equipment failure, driver texting, speeding, and inadequate training.

In addition to avoiding “danger zones,” you can stay safe when driving near tractor-trailers by following the tips below:

Avoid making abrupt lane changes in front of a large truck.
Don’t maneuver to the right of a large truck while it is making a right-hand turn.
Misjudging the speed of an approaching truck at an intersection can be deadly; avoid making a left turn in this scenario.
When a large truck begins to change lanes, accelerate or decelerate as appropriate.
Beware of air turbulence and cross-wind when passing a truck.
Use caution when merging into traffic ahead of an oncoming truck.
Do not drive between two large trucks.
Never abandon a vehicle in a travel lane.
If your car breaks down, pull safely onto the shoulder of the road.

April 28, 2017

Child Care Program Sued for $10 Million Following Three Year Old’s Tragic Death

by Altman & Altman

The parents of a three-year-old child who died in a tragic accident at a Head Start child care program are suing for $10 million. The wrongful death lawsuit alleges that the child’s death could have been prevented if reasonable care had been exercised to ensure a safe environment.

The accidental death occurred at a Head Start in Dearborn Heights, Michigan. Several retractable lunch tables were leaning against a wall that the child was playing next to. The heavy, decades-old tables fell from the wall, opening up, and crushing the small child. In addition to not being properly secured to the wall, the tables were in disrepair and hadn’t been used for years. The lawsuit alleges that proper inspection of the tables would have prevented this tragedy.

What is Wrongful Death?

When negligence, carelessness, or recklessness results in a death, surviving family members can obtain compensation through a wrongful death lawsuit. Wrongful death liability differs from liability for death caused by misconduct and criminal behavior in that the liable person or persons didn’t intend to cause the death. As such, wrongful death lawsuits impose civil, not criminal, consequences. In many cases, a surviving spouse, parent, or child can file a lawsuit and obtain compensation to effectively replace the loss of income, benefits, and other forms of financial and emotional support.

There are time limits to filing a claim for wrongful death. An experienced MA personal injury attorney can help you determine if you should file a wrongful death lawsuit following the death of a loved one. In addition to time limits, the loss of evidence over time can negatively impact the outcome of your lawsuit. As with most types of injury lawsuits, time is of the essence.

Liability of Child Care Facilities

Kids get hurt. And not all bumps and bruises are the result of negligence. But serious injuries, and even chronic minor injuries, may indicate negligence. In some cases, injuries can even indicate abuse. A Boston injury lawyer can provide a free consultation to help you determine whether you have a strong enough case to warrant a lawsuit.

Common Injuries Related to Child Care Negligence and Abuse

Negligence and abuse can take many forms, resulting in minor or serious injures, even death. Some of the more serious injuries include:

Injuries from high falls
Drowning
Dehydration from lack of access to water
Choking on non-food objects
Injuries suffered from “wandering away” due to inadequate fencing or gating
Burns or injuries related to exposure to chemicals and toxic or poisonous substances
Cuts and wounds from sharp or rusty objects

Proving Liability

Determining whether your child’s injuries are a result of negligence or abuse isn’t always an easy task. There are certain elements used to determine liability in child care negligence claims. These elements include:

The care provider had a duty to exercise reasonable care.
The care provider breached that duty.
The injury would not likely have occurred if the care provider hadn’t breached his or her duty.
The injury was caused by the breach.

April 25, 2017

$42 Million Award in Traumatic Birth Injury Case

by Altman & Altman

Last week, the family of a child who was severely injured at birth was awarded a $42 million verdict for future medical expenses, pain and suffering, and lost earning capacity, among other damages. A Pennsylvania judge awarded the multi-million dollar verdict due to the extent of the child’s injuries and the likelihood that he will require life-long care.

The child, who is now five years old, was injured during the delivery process when the doctor allegedly used forceps prematurely to pull the infant from the birth canal. According to the lawsuit, the pressure from the forceps caused internal bleeding, which resulted in permanent injuries, including cognitive problems, physical impairments, and an inability to express himself. As a result, he has suffered multiple brain and spine surgeries, and will require many more in the future. In fact, doctors do not expect that the child will ever read or write, and he may spend the rest of his life in an electric wheelchair.

The birth of a baby is supposed to be a joyous occasion, when a doctor’s negligence or medical malpractice results in painful or debilitating injuries to mother or child, this special day can forever be marred by trauma, sadness, and anger. In some cases, traumatic birth injuries lead to a lifetime of medical problems, and even death. Malpractice claims can be brought against doctors, other medical personnel, and hospitals. However, these types of claims are highly complicated and require the help of a skilled MA birth injury lawyer.

Types of Traumatic Birth Injuries

Any kind of birth-related injury can be classified as a traumatic birth injury, but some of the most common serious birth injuries include:

Broken bones and bruising: In many cases, these injuries will heal over a period of time, without the need for medical intervention. Broken bones and bruises are often caused by the use of forceps, vacuums, or natural physical stresses of the birth process. When an infant is tugged with too much force or medical personnel improperly use birth-assisting tools, these injuries can become more severe.

Bell’s Palsy: This injury is characterized by facial paralysis, and occurs when the infant’s facial nerves are damaged during the birth process. The damage is often caused by extreme pressure on the infant’s face, either from natural causes or from improper use of forceps during delivery. In most cases, Bell’s Palsy improves without treatment. A Boston injury lawyer can help you obtain the compensation you deserve if you were harmed due to medical negligence.

Brachial Plexus injury: The brachial plexus is a bundle of nerves that connects the spine to the arms and hands. When the brachial plexus is injured during the birth process, the baby may temporarily lose the ability to move the arms. In most cases, this injury will heal over time, but brachial plexus injuries can be permanent if the nerves are actually torn. These injuries are most common in difficult births, especially when a doctor pulls too hard to extract an infant whose shoulder is stuck in the birth canal.

Anoxia: A form of oxygen deprivation, anoxia can cause serious medical complications in a newborn. If the placenta separates prematurely or the umbilical cord is wrapped around the infant’s neck, oxygen flow to the brain may be reduced to dangerous levels. If a baby is deprived of oxygen for too long, serious brain damage can result. In some cases, this oxygen deprivation causes a medical disorder called cerebral palsy (CP). Children with CP have difficulty controlling body movements and developing / maintaining muscle tone. CP is a serious, life-long and life-altering condition. In some situations, oxygen deprivation leads to death.

April 24, 2017

Suffering from Mesothelioma?

by Altman & Altman

Mesothelioma is a form of cancer that affects the membranes surrounding your lungs and abdomen. Between 70 and 80 percent of mesothelioma cases are caused by the inhalation of asbestos particles – a naturally-occurring, fibrous mineral that was used for decades as a fire retardant and insulation in homes and businesses across the world.

Since asbestos was used for decades in every different kind of building possible, the people most at risk for exposure to asbestos are construction workers and demolition technicians who work on renovating or destroying older homes and business buildings. Asbestos is harmless when it is left unbothered, but when asbestos is disturbed, it releases microscopic particles that can enter the body and cause many health issues.

Health professionals have known since at least the 70s that exposure to asbestos could result in negative health complications, but recent studies have shown that even a single exposure event to asbestos could result in developing respiratory and other diseases at some point down the line. Asbestos particles are jaggedly-shaped and do not clear out of the body once they are introduced.

Sometimes symptoms of asbestos exposure do not become apparent in patients until 20 to 50 years after the exposure event, so even if an exposure to asbestos happened a long time ago, please contact Altman & Altman LLP if you or a loved one are experiencing any of the following symptoms:

Breathing difficulties, chest pain or a combination of both
A general feeling of illness
Weight loss
Fevers
Persistent coughing
Night sweats
Developing a mass or swelling in the chest cavity
Increased presence of fluid in the lungs

The only way to be certain if you are suffering from mesothelioma is to be diagnosed by a doctor, usually through various tests such as MRIs and tissue samples. Sometimes, invasive surgery is required to observe the membranes in your body to determine a diagnosis one way or another.

Should you find out that you or a loved one is suffering from mesothelioma or another asbestos-related illness, you may be eligible to make a claim to collect financial compensation for your pain and suffering, as well as money spent on medical bills and money lost due to being unable to work during your treatment.

Thousands of cases involving exposure to asbestos have been filed in recent years, many of them stemming from exposure events that happened many years ago. Do not feel as though you don’t have a case to make simply because it occurred in the past. The only way to find out if your case is eligible for compensation is to team up with legal professionals who can look at the unique details of your situation.

At Altman & Altman LLP, we have over 40 years of experience handling suits involving everything from personal injuries to negligent companies causing harm. The costs stemming from dealing with mesothelioma can be significant, and without proper legal representation you may have to suffer through these challenges alone. Continue reading

April 18, 2017

Wrongful Death Lawsuit Against Massachusetts Nursing Home for Misuse of Psychotropic Drugs

by Altman & Altman

According to the AARP Foundation, a settlement has been reached in the wrongful death lawsuit between the family of Bobby Glenn Tweed and the nursing home they allege is responsible for his death. The family claims that the facility misused strong psychotropic drugs to make the 78-year-old Alzheimer’s patient docile and compliant.

The misuse of psychotropic drugs by nursing homes to “treat” Alzheimer’s patients is not new. In 2014, AARP released an investigative report revealing that psychotropic drug overuse in patients with Alzheimer’s and dementia was occurring nationwide, and at an alarming rate. And the drugs aren’t being administered for the medical benefit of these patients; rather they are being used to “manage” patients who are considered disruptive. A Boston injury lawyer can help you determine how to proceed if a loved one has been harmed in a nursing home facility.

The vast majority of nursing homes and staff have their patients’ best interests in mind at all times…but there are exceptions. Negligence and mistreatment occurs with shocking frequency in nursing homes, and the use of drugs to prevent patients from complaining, or being “difficult,” is a growing problem. In some instances, psychotropic drugs are given to patients who are thought to be dangerous to themselves. Although this use may be viewed as medically necessary, there are additional concerns; psychotropic drugs are actually linked to deaths in dementia patients.

When negligence or mistreatment results in the injury or death of a patient, nursing homes can be held liable. Just as hospitals can be sued for negligence and medical malpractice, so can nursing homes. In Mr. Tweed’s case, his daughter – who held the power of attorney – was not consulted about the administration of psychotropic drugs. When a lack of consent to administer medication is evident, a nursing home can also be liable for assault and battery.

Elder Abuse

Older Americans are often forced to rely on others for personal care due to physical and cognitive impairments. Unfortunately, this makes them easy targets for abuse and neglect. According to the Centers for Disease Control and Prevention (CDC), elder abuse is defined as “any abuse and neglect of persons age 60 and older by a caregiver or another person in a relationship involving an expectation of trust.” In addition to being physically vulnerable, elderly victims of abuse are often reluctant to report the abuse; they may fear retaliation, or think that nobody will believe them. A MA injury lawyer can help you determine if your loved one has been the victim of abuse or neglect.

The New York City Department for the Aging and Cornell University conducted a study in 2010. The “Under the Radar: New York State Elder Abuse Prevalence Study revealed that the rate of elder abuse is nearly 24 times greater than what is actually reported to the authorities and social services. Psychological abuse is most common. An earlier report done in 2000 found that 44 percent of the 2,000 nursing home residents surveyed had been abused and 95 percent had been experienced neglect. Further, the same studied revealed that more than 50 percent of staff had admitted to mistreating patients. Continue reading

April 13, 2017

What’s Causing the Increase in Dog Bite Claims?

by Altman & Altman

National Dog Bite Prevention Week, which runs from April 9 to 15, aims to educate the public and dog owners about how to prevent dog bites. According to recent reports, dog bite claims over the past 10 years have skyrocketed. The information below provides insight into why these claims have been on the rise, and provides helpful tips on how to avoid becoming a victim.

The Insurance Information Institute, in collaboration with State Farm, released a report earlier this month to call attention to the shocking increase in dog bite claims. According to the report, 18,000 dog bite claims were filed in 2016 alone. This is nearly 3,500 more than were filed in 2006. So, what’s going on? Are there more “vicious” dogs today than there were 10 years ago? Are irresponsible owners to blame?

The real answer may have more to do with the potential payout than with the dogs or owners; the average payout on a dog bite claim has risen by more than $11 thousand in that same period of time. Total payouts for all dog bite claims in 2016 increased by nearly $280 million. This doesn’t mean that people are taking advantage of the system, however. In the past, dog bite claims weren’t taken as seriously as they are today, thus, they usually resulted in a lower payout. As filing a legal claim can be a complex process, it is likely that less people chose to go this route when the potential payout was less substantial.

Dog Bite Facts

But an increase in attacks, and more serious bites, may also play a role in the rise in dog bite claims. According to analysts, there has been an uptick in severe dog bites, especially those involving children. This combination of an increase in attacks and an increase in payouts may be responsible for the nearly 20 percent increase in annual dog bite claims. A Boston injury lawyer can help you determine how to proceed if you have been the victim of a dog bite or attack.

According to the CDC, about 4.5 million dog bites occur annually in the United States
Of these bites, about 900,000 become infected.
In 2016, 41 people died due to dog bites
Of those deaths, 31 percent were three to six-day-old infants

Who is Liable?

In most cases, the dog’s owner is liable for any injury caused by their dog. Of course, in some instances it is the victim, not the dog or owner, who is to blame. If an individual is thought to have “provoked” a dog, the owner may not be liable for resulting injuries. An ignored “Beware of Dog” sign could further complicate the issue. A skilled MA personal injury attorney can help you recover damages if you’ve been injured in a dog attack.

How to Prevent Dog Bites

Before we talk about how to prevent dog bites, let’s consider why dogs bite in the first place. In most cases, dogs bite because they are stressed, because they feel threatened, or to protect themselves or their puppies. They may also react aggressively if they are not feeling well.

Avoid approaching an animal that you do not know.
Avoid running from a dog.
If you are approached by an unfamiliar dog, stay completely still and avoid direct eye contact.
Avoid disturbing a sleeping dog.
Avoid disturbing a dog who is eating.
Before attempting to pet an unfamiliar dog, allow the dog to sniff you.
If a dog begins to attack, roll into a ball and stay very still. Cover your ears and neck, and avoid eye contact.

April 12, 2017

Did you need a second hernia mesh surgery?

by Altman & Altman

Have you ever had a surgery to correct a hernia? Chances are, if you had such a surgery in the last ten years you were fitted with some type of hernia mesh to help the repaired hernia heal. Hernia mesh can be made from synthetic materials or animal tissue, and is placed inside the body to support a healing hernia.

Statistically, the use of hernia mesh to help aid in the recovery of hernias does decrease the likelihood of future complications in the area of the hernia, and decreases the risk of needing any follow-up surgeries.

Unfortunately, not all hernia mesh products are equivalent, and some have been outright recalled due to problematic and potentially life-threatening complications that they create. The following hernia mesh products have been officially recalled.

Ethicon – a subsidiary company of Johnson & Johnson

Proceed (FDA approval in 2003, recalled in 2006, 2011 and 2014)
Physiomesh (FDA approval in 2010, withdrawn from sales by company in June, 2016)

Atrium Medical Corporation of Maquet Getinge Group

C-QUR surgical mesh (gained FDA approval in 2006, recalled in 2013)

Bard Davol, a subsidiary company of C.R. Bard

Kugel
3DMax
Perfix
Sepramesh

Ethicon’s ‘Physiomesh’ product is the most recent large-scale recall of hernia mesh, and occurred in 2016. The mesh is made from a chemical compound called polypropylene, which can be incredibly dangerous should it come into contact with human tissue because of its tendency to “stick” to the tissue; opening up a whole host of potential complications depending on where the mesh is placed within the body.

Physiomesh was coated in multiple other materials to prevent contact between the polypropylene and the inside of the human body, however the decision to pull the product from the market indicates that there were too many people experiencing the complications to continue to push the mesh on the market.

C.R. Bard’s products resulted in three Class 1 recalls (potentially life-threatening) between 2005 and 2007. Complications included fistulas and perforation of bowels.

No matter what the product, there is always a risk that the mesh will not perform its duties entirely correctly and will require a second, or more, surgery to correct the complication. Hernia mesh can also cause a number of other side effects, including:

Pain and bleeding
Adhesions (scar tissue that sticks together)
Seroma (a buildup of fluid at the site of incision)
Nerve damage
Infections
Shrinking/migrating/compromised mesh
Bowel and intestinal blockage
Autoimmune reactions/mesh rejection
Reoccurrence of hernia
Fistulas (irregular points of connection between separate organs)
Organ tears and perforations

Should any of these complications occur to you or a loved one, you may be entitled to significant compensation for the pain that you’ve endured and the expenses you have incurred as a result of the faulty medical procedure. There are thousands of ongoing hernia mesh lawsuits happening today, and you may be able to recover damages for your own experience.

When you go to the hospital to receive surgery, you should feel comfortable that a procedure will not lead to further complications down the line due to a faulty product, such as some of these hernia mesh products have been revealed to be. Continue reading

April 12, 2017

World unites against United Airlines

by Altman & Altman

In a time period of growing division, people from every corner of the internet found a common cause to decry on Monday and Tuesday when video surfaced of a man being forcibly removed from a United Airlines plane because the airline needed to free up space for four of their own employees.

The man, identified later as a doctor who was taking the Louisville-bound flight out of Chicago’s O’Hare Airport to see patients the next morning, becomes visibly and vocally distressed when security personnel violently grab at him after he refused to leave the plane voluntarily at their demands.

Passengers looked on with shock and horror as the innocent flier is yanked from his seat and then falls, slamming face-first into an arm rest on the opposite side of the aisle. His body goes limp – apparently knocked unconscious – as the security personnel drag his motionless body down the aisle and out of the plane; some blood visibly running down his face.

Reaction

Overbooking flights is nothing new for airliners, however getting overbooked passengers off of an overbooked flight rarely requires more to fix than offering travel vouchers (usually between $500 and $1,000 depending on the value of the ticket purchased) in exchange for finding another flight. In this case, United ceased their offers to passengers at $1,000, refusing to go over that number even though they could have gone to a max of $1,350.

What occurred in this instance can be described as nothing less than a public relations nightmare for United, who actually saw a visible stock plummet of over one percent by the end of Tuesday, and saw hundreds of thousands of shocked and outraged social media reactions pointed in their direction.

But beyond the PR consequences this incident will have for United’s image – especially since the floodgates have seemingly opened with other stories emerging of misconduct performed by United – the airline could very likely face a lawsuit from the doctor they violently removed. The man underwent treatment at a hospital in Chicago after the event unfolded.

It would be hard for anybody to defend the actions of United in this case, especially since there are multiple in-person witnesses and video footage of the incident, which paints a clear picture of unnecessary force used without just cause. The security official who pulled the man from his seat has apparently been put on leave, the airline saying his conduct “was not in accordance with our standard operating procedure.”

United could have handled the matter in many different, more appropriate ways. According to United, the employees that they were trying to clear room for on the flight actually didn’t need to be in Louisville until the next day, meaning they could have taken any number of different flights to get them there on time, or even had them driven there, since it is only a four to five hour drive from Chicago to Louisville.

All this goes to say that the man removed from the flight has a legitimate legal case to bring forth due to the injuries he sustained during the incident and the manner in which he was treated. He did not commit a crime, he was not being belligerent or aggressive. He was instructed to get off a plane that he had paid to be on, and he needed to get to his destination just the same as the United employees. Continue reading

April 11, 2017

Man Dragged Off United Flight for Refusing to be “Bumped”

by Altman & Altman

Social media video shows a United Airlines’ passenger being dragged from his seat and down the aisle of the Louisville-bound plane on his flight Sunday night. Apparently, United had intentionally overbooked the flight – a common practice – and asked the man to relinquish his seat to make room for crew members. According to the man, he is a doctor and refused the request because he had to be in Louisville for work.

Video posted to social media shows the man being forcibly removed from his seat, and dragged by his arms, amid disapproving shouts from passengers. Prior to the incident, the man wasn’t behaving badly; United staff simply needed to bump a passenger, and they picked him. But he didn’t want to be bumped.

“After our team looked for volunteers, one customer refused to leave the aircraft voluntarily and law enforcement was asked to come to the gate,” United said in a statement. “We apologize for the overbook situation.” If your rights have been violated by an airline or any other corporate entity, a Boston personal injury lawyer can help you recover damages.

NJ Senator Calls the Incident Disturbing

United’s Chief Executive Officer Oscar Munoz apologized on Monday for “having to re-accommodate these customers.” However, New Jersey Senator Robert Menednez called Munoz’s statement an “empty apology,” and said the incident was “disturbing.” Further, in an internal message sent to United employees, Munoz seemed less apologetic, alleging that the man became “belligerent” after repeated requests to leave his seat. Munoz went on to write that “the facts and circumstances are still evolving, especially with respect to why this customer defied Chicago Aviation Security Officers the way he did.”

One of the officers involved in the incident has been suspended by the Chicago Department of Aviation. United released a statement saying that “the incident on United flight 3411 was not in accordance with our standard operating procedure and the actions of the aviation security officer are obviously not condoned by the Department. That officer has been placed on leave effective today pending a thorough review of the situation.”

It is quite common for fully-booked flights to have multiple empty seats because people failed to show up for their flight. Overselling seats helps to maximize airline revenue. When too many people show up, the problem is usually easily solved by offering certain passengers money or free airline tickets to relinquish their seat in exchange for a later flight, a process referred to as “bumping.” However, Sunday’s incident shows that bumping can become confrontational in certain situations.

An Easy Solution

According to CFRA Research analyst Jim Corridore, United could have avoided this situation by offering more compensation. This may have enticed more passengers to volunteer to be bumped. “We think this situation was handled in a deplorable fashion, but note that United has the right to refuse boarding to any passenger for any reason,” said Corridore. A MA injury lawyer can help if you find yourself in a similar situation. Continue reading