You Think Your Flight Was Rough? This Man Says Flying American Gave Him a Brain Injury

Maxwell Winchester, who teaches marketing at Victoria University in Australia, says American “gave him a serious brain injury by not giving him medical assistance when a turbulent flight shook him unconscious twice.”

His medical problem is being analogized to ‘shaken baby syndrome’ which developed when his Guadalajara – Phoenix flight hit a thunderstorm. He would have had another domestic connection enroute home to Australia.

He now also suffers from neck, head and back injuries, whiplash, concussion, severe headaches, post-concussive syndrome, tinnitus, vision problems and mental health issues…

He’s suing in Australian court though he claims the injuries were caused in US airspace on a flight between Mexico and the U.S. And he acknowledges that cabin crew offered him medical assistance but he declined. His position is that the airline failed to force him to get medical attention when he refused it.

“[H]e had trouble balancing as he left the aircraft.” At that point crew should have noticed this, prevented him from heading through the airport to his onward connection, in order to ensure he received medical attention. Football teams aren’t supposed to play someone that’s had a concussion. Team doctors confer with coaching staff on how to deploy these professionals. So that’s how flight attendants should intervene, or something.

The man’s wife is suing American, too, because she’s been traumatized by his injuries.

His wife, Monash University academic Tiffany Winchester, was also suing the airline, claiming nervous shock and mental injuries, including insomnia, depression and panic attacks, over her husband’s injuries.

She should, perhaps, meet the woman suing Singapore Airlines over her arthritis which she claims developed because that airline spilled a drink on her husband.

My best guess is that they watched the old Saturday Night Live commercial for the law firm of Green & Fazio too many times.

Let’s be frank, what does a ‘No Trespassing’ sign mean when you’re as drunk as I was?

They can have their $2.6 million back, but who’ll give me back my tooth?

…Do you want to spend the rest of your life wondering, maybe I should have sued?

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

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