According to the lawsuit, Dr. Asoka Jayaweera had specifically ordered a vegetarian meal for the 15.5-hour journey. However, cabin crew reportedly informed him that no vegetarian meals were available and offered him a regular meal containing meat instead. He instructed Dr Asoka to eat around the meat.
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While doing so, he began choking and lost consciousness. Immediately, the crew members rushed to assist and contacted MedAire, a service where aviation-trained ER doctors remotely guide airline staff through in-flight medical emergencies, but his condition was critical.
The flight eventually landed in Edinburgh, Scotland, where Asoka was rushed to the hospital and pronounced dead on August 3, 2023. He died due to aspiration pneumonia, a lung infection caused by accidentally inhaling food or liquid.
As per The Independent news report, the pilot couldn’t make an emergency landing to get Dr Asoka to a doctor because the plane was “travelling over the Arctic Circle/Ocean." Dr Asoka was unconscious for some three-and-a-half hours before he was taken to the hospital.
However, according to his son's complaint, which was initially filed July 31 in California state court, and removed to Central California federal court on October 3, the aircraft was actually over the Midwest at the time and could have easily diverted. He accused the airline of negligence in meal service and medical response.
As per his complaint, Asoka had booked his flight to Colombo on June 23, 2023. A week later, he boarded the flight at Los Angeles International Airport. “At approximately 02:46 UTC, Asoka Jayaweera was monitored with an oxygen saturation level of 69 percent,” the complaint said. Oxygen saturation levels below 88 percent are considered dangerous.
“It was not until approximately 11:00 UTC that the aircraft was brought down in Edinburgh, United Kingdom, and Asoka Jayaweera was transported to the hospital,” the complaint stated.
Meanwhile, the crew administered oxygen to Jayaweera, to no avail, as his saturation levels never again exceeded 85 percent, according to the complaint, which states that Asoka lost consciousness at about 07:30 UTC and was administered drugs.
“It was not until approximately 11:00 UTC that the aircraft was brought down in Edinburgh, United Kingdom, and Asoka Jayaweera was transported to the hospital,” the complaint stated. However, he died.
The lawsuit claims the airline failed to provide the pre-ordered vegetarian meal and didn't respond appropriately to Jayaweera's medical emergency. He is also seeking $128,821 in damages for negligence and wrongful death, the statutory minimum amount, as reported by NDTV.
The lawsuit mentions "Qatar and the United States are members of the Montreal Convention, the international treaty that governs airline liability. It sets a statutory payout limit of roughly $175,000, at current exchange rates, for onboard death and injury claims."
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