An Ontario man who suffered a fatal heart attack on a flight to India might have survived had the crew diligently checked into his prolonged stay in a washroom cubicle, alleges a lawsuit launched by the man's family.
The family alleges that the crew on a Lufthansa flight negligently failed to inquire into why Anil Charnalia spent three or four hours in the washroom.
Carlos Martins -- a lawyer representing Lufthansa -- said the airline disputes the period of time Mr. Charnalia was in the washroom. He said Lufthansa would not make any further comment on the case because it is before the courts.
In a statement of claim, the family says that Mr. Charnalia "died, sitting alone in an aircraft washroom, without any attention paid by the flight staff to the passenger's well-being and safety."
Mr. Charnalia -- a 49-year-old Oakville, Ont. accountant with an international clientele -- was found dead on Oct. 22, 1999, after the crew broke down the washroom door while the plane was landing in New Delhi.
A doctor on board tried to resuscitate him.
"Even if he was in pain or some sort of distress, he might well have been saved if they had gone in there before," said Bert Raphael, the family's lawyer.
"I've been practising law for 42 years, and been involved in a number of airline cases, but I've never heard of one like this," Mr. Raphael said in an interview.
The lawsuit demands several hundred thousands of dollars in damages, and accuses Lufthansa of "employing flight staff who were incompetent and who ought not to have been entrusted with the safety of passengers."
Mr. Charnalia's son, Jayant, said in an interview that several aspects of the case are worrisome. He said it is particularly suspicious that having just completed a lengthy flight, the air crew turned around and left New Delhi the same day.
"It tells me they didn't want anyone to get in touch with them," Mr. Charnalia said. The 20-year-old student recalled being appalled when he phoned Lufthansa the day after the incident to make flight arrangements to India for his sister, his stepmother and him to attend the funeral. He said he was told that only one seat was available -- and it would cost $3,600.
The family's statement of claim alleges that Lufthansa acted in a "callous, reprehensible, high-handed and grossly negligent manner" which departed from the standard practices of the airline industry.
Mr. Raphael said he hopes to show as part of his case that many airlines expect their crew members to routinely check washrooms every hour.
According to an affidavit from a man sitting beside Mr. Charnalia on the flight, two meals were served during his absence. The man said that a line of people waiting to use the bathroom cubicle was forced to use another bathroom.