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Kicked off my flight for sleeping with my eyes open

August 31, 2010

This is one of the most bizarre cases I’ve ever come across. Gregory Machon says he was kicked off his flight because he was sleeping. With his eyes open.

His condition, called nocturnal lagophthalmos, may affect somewhere between 4 and 20 percent of the population, so you would imagine the US Airways flight attendants who made the call to remove him from the flight had seen something like this before. Apparently not.

Here’s what happened to Machon: As he explains it, he was on a flight from Baltimore to Frankfurt last May. After boarding, he pressed the flight attendant call button because he wanted to see if he could move to a different seat. No one came, and as the plane taxied down the runway, he dozed off.

Except, his eyes were open.

After several minutes of sleep, a flight attendant came to respond to the “flight attendant call” button that I had pressed much earlier. She tried to get my attention, but being asleep, I did not respond. She tried again, then touched my shoulder. The physical touch woke me, and I turned to see what she wanted.

The flight attendant found my initial unresponsiveness startling, and assumed it was some sort of medical condition. Although I calmly explained that I had simply dozed off with my eyes open, she insisted that I was not in proper health.

At this point she addressed all of the passengers of the plane, asking if there were any medical professionals on board. Two heroic citizens came to the call – a veterinarian and a pediatric nurse. Even though I doubted their qualifications, I calmly answered their questions in the interest of calming everyone down. I remained patient and explained what had happened.

Neither of the medical professionals had ever heard of nocturnal lagophthalmos, so they began to speculate about his condition.

They brought up numerous possibilities for what could be “wrong” with me, and discussed my medical status very openly in the aisle, with all the other passengers listening intently. Even after I told them that it happens to me relatively often, the very insistent flight attendant joined by the the veterinarian and pediatric nurse (with their combined expertise) concluded that I should be checked out by EMTs.

The plane taxied back to the terminal so that I could get off and be checked out. By this time the flight had already been delayed by over an hour due to my situation, and the other passengers were very impatient. They applauded as I stood up out of my seat, which was humiliating in itself.

The EMTs checked me out, and with their actual qualifications, quickly determined that the incident was nothing to be alarmed about. I signed a waiver and they gave me permission to get back on the plane. I was relieved that the flight could finally commence. However, the flight attendant continued to cause problems. She told the pilot that she was not willing to have me seated in her section, and that she considered me to be a liability.

So despite the approval of the EMTs, I was kicked out of the flight, and rescheduled for another one a full 24 hours later. I was set up in a hotel that was under construction at the time that I doubt would earn a half star raiting and given meal vouchers totaling $15 for dinner, breakfast and lunch. This disrupted my plans to meet family members in Zurich, and delayed my vacation by more than a day. The hotel itself was filthy, making it an awful experience besides the fact that I shouldn’t have been there to begin with.

I believe the employees of US Airways acted in an unacceptable manner, with blatant disregard for my privacy and dignity (as well as a lack of basic common sense). I have traveled on more than twenty flights a year for over ten years now and have never witnessed or even heard of a patron being treated in such a way.

US Airways offered him a voucher for being ejected from the flight, which he rejected. I contacted the airline on his behalf, but it did not respond until after this story posted, confirming the voucher offer.

Anyway, I think it goes without saying that the US Airways flight crew overreacted to this simple case of nocturnal lagophthalmos. They should have allowed him back on the plane to get on with his trip.

Next time, Machon might want to bring eye shades — just in case. Then again, maybe not.

(Photo: Feast of Fun/Flickr Creative Commons)

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

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75 comments

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  • Salami

    @larjmarj – Very narrowminded opinion. Good for the FA for thinking something might not be right. Once the EMTs verified that all was fine the passenger should have been allowed back on. USAir should pay big for this. Passenger should sue for money toward rehabbing ADA compliance on USAir planes and for compensation for his damages. FA should be fired for refusing to comply with ADA or similar provisions.

    Why didn’t USAir and the flight crew remove the FA from the flight and replace with a different FA?

  • Cindy H

    Only doctors are legally allowed to diagnose medical issues. EMTs usually operate under standing orders of a doctor and/or a hospital, so can perform assessments of individuals. Niether the pediatric nurse nor the veterinarian are leaglly qualified to diagnose this medical issue. That they did anything at all shows that they operated outside the bounds of their training, and are legally at risk. The FA is clearly in violation, because she also appears to have made medical diagnoses/decisions. She allowed unqualified people to make assessments. She also ignored a medical “all clear” from the only people qualified to give it. And the nurse, the vet, and the FA all ignored information that the OP gave them. Outrageous! That they openly discussed the medical issues is also a huge problem. They broke several established prototcols.

    It his highly probable that US Airways broke several laws. The FA should be fired.

  • MeanMeosh

    My eyes occasionally open up while I’m sleeping. Unfortunately, this usually happens when I’m lying face down, which means a rather unpleasant poke in the eye with the pillow or bedspread. But I digress…

    Was the FA initially unreasonable in asking for medical assistance? I don’t think so. An overabundance of caution is never a bad thing when it comes to a possible medical problem. However, once the paramedics came and gave the all clear (assuming that’s really what happened), that should have been the end of it. Everybody goes on their merry way. This does sound like an overreaction, and it was awfully insensitive of all parties involved to be discussing the case out in the open, so US does owe him something, in my opinion. At the very least, he’s owed a personal (NOT form letter) apology.

    My big problem with this whole thing is, this is yet another sad illustration of the essentially unchecked power that flight crews have in the post-9/11 era. You even look at an FA or gate agent the wrong way, and they kick you off your flight, no questions asked, with no right to appeal, even if it was the airline employee that inflamed the situation by being rude. And if you do try to argue, they’ll call the airport police for good measure to write you up for “interfering with a flight crew”. As another poster noted, the power afforded flight crews in the post-9/11 world is an open invitation to abuse of power, which does unfortunately happen on occasion.

  • Sarah Di

    Once he explained that there was nothing medically wrong and that he always sleeps with his eyes open, that should have been the end of it. There was no reason to react in this manner and I think the only reason that the FA kicked him off the flight is because she knew she overreacted and was embarrassed about it. By ignoring the EMTs and kicking him off the flight, she got out of having to apologize to him and possibly be uncomfortable serving him.

  • John

    Wow, very interesting situation. I usually tend to side with the airlines when it comes to many issues, but this is absolutely absurd. If I were the OP, and everything did, in fact, happen the way it was described, then I’d be looking for a lawyer right away!

  • Heidi

    Is there a follow-up to this story? It seemed to have ended abruptly. What happened, Chris, after you contacted the airline?

  • Christopher Elliott

    @Heidi, US Airways did not respond to my initial request to review this case. It didn’t respond to a follow-up, either. When this story appeared, I received a call from a representative, saying that the rejected voucher was its best and final offer.

  • Ed

    This is a tough one…on the one hand, it the passenger did actually have an undiagnosed medical condition and the FA did not alert anyone about it, I’m sure that the passenger would sue the airline for any negative outcomes from this negligence.
    On the other hand…if this happens frequently for this passenger, perhaps he should carry with him some kind of note from his doctor…and in today’s ever increasing connected world, anyone with a smartphone could have looked up his condition on Wikipedia to confirm the non-issue…or he could have emailed his doctor and gotten a email back confirming the condition is a non-issue…either way, the passenger could have been better prepared for this contingency.

  • Cory J.

    Maybe next time the FA will also ask someone to google “nocturnal lagophthalmos” from their PDA or iPhone whilst they’re on their way back to the gate. That would have wrapped up the issue quick enough… Personally I think the FA was way out of line on this, and that none of those originally involved were qualified to make any type of diagnosis.

  • Teresa

    Chris, please follow up on this for us. I would like to hear USAir’s side of the story. But I suspect that Mr. Machon has a strong legal claim against USAir and that they will have to compensate him richly. The essence of the claim is their refusal to let him fly even after his reasonable explanations and an all-clear from paramedics. We all want to know whether the flight attendant will face disciplinary action from USAir, which seems justified, and the case raises important questions about flight attendant’s powers and what kind of supervision or adjudication their decisions are subject to. This case should probably receive wider media attention.

  • Curt

    Hey Greg, how is you?
    Glad to see you are making headway with this.

    It’s good to see some pro and con comments on here.

    Like I had said to you before, the airlines means of an apology is pathetic. Basically they said if you spend more money with us we will give you a chump change discount.
    I would have refused that also.

    Some folks seem to think that the FA was concerned for your safety, maybe. But they amount of concern becomes an over stepping boundary of power in my own opinion.

    You had told me you were not allowed by the airline to contact your girlfriend whom was waiting in the airport at your destination (in another country none-the-less). This enters in to a new realm. The airline has now made you a modified DETAINEE. It is law that once detained, in a lot or even all states, by law enforcement you must be put under arrest or set free within 45 minutes. Interfering with your plans and not allowing you any phone calls is illegal unless you are under arrest and allowed your 1 phone call. On what authority did the airline act by not allowing this if they were “Just concerned for your health?”

    This is where the biggest infringement has been made to you by the airline.

    Big bucks my friend.
    Good luck

    Curt

  • Mike Z

    After reading the follow up from Mr Machon and the simple “that’s all we are going to offer” from the airline, then I would hope he sues. He’ll have to sue the vet, the nurse, the EMTs and the stewardess as well and possibly even bring in the captains. They were all part of this and only a few worked for the airline. Several violated his rights by openly discussing his medical situation (the ones in the field) and the stewardess is hardly qualified to render a determination on who is healthy enough or medically cleared to fly.

    Once the airline starts getting the paperwork to start producing people and documents, I’d bet that they change their tune a tad.

  • Meredith Putvin

    First off – The Vet and the Nurse are in violation of standing practices and ethics.

    Second – The Airline is in Violation of two Standing Federal Laws – HIPAA and the ADA. Putting the passenger off the play due to a medically documented condition and forcing the passenger to re-route should be grounds for an ADA complaint. HIPAA… Welp, they violated this passenger’s privacy by disclosing confidential medical information.

    If they Airline seems to feel that a voucher is the best they can do, maybe the Passanger needs to a) Talk to an attorney versed in Federal Laws, and b) Not use this airline again

  • cjr

    “saying that the rejected voucher was its best and final offer.”

    Which, as usual, is an insult to any sentient being.

    I’m starting to agree with others who suggest a lawsuit.

  • Steve

    The more I think about this, the more I think legal action against US Airways is warranted. It seems like a clear ADA violation to refuse to let someone fly just because they have a condition that makes the FA uncomfortable. Again, I don’t blame her for erring on the side of caution and insisting he be checked out, but after the EMTs confirmed that he didn’t have any major health issues, that should have been the end of it.

    What’s to stop this FA from refusing to fly with a wheelchair-bound passenger who might be a “liability,” if she was allowed to kick this guy off?

  • Chicky

    @cjr: Me too! And I maintain: this was an FA freak-out. It gave her the heebie-jeebies to see the guy sound asleep with his eyes open, so she decided to exercise her doubtful authority and get him off HER plane!
    @Curt: Yep, I’m sensing a rather large payoff from USAir myself. Can you imagine what a judge would say?
    “So this man has a medical condition, but one that does not prevent him from flying.”
    Airline attorney: “Well, yes, Your Honor.”
    “And the flight attendant knew this, but still insisted he not travel on that flight.”
    “Yes, Your Honor. But she’s not a trained physician!”
    “Granted, but two Emergency Medical Technicians pronounced the man fit to fly, and he was not allowed to make a phone call to notify his loved ones of the delay.”
    “Yes, Your Honor.”
    “And no apology from the airline, no reimbursement–just get on the next flight and forget about it, huh?”
    “Well, Your Honor…”
    “I’ve heard enough. This is ridiculous. Judgment for the plaintiff in the amount of BIG BUCKS. Get out of my courtroom!”
    When you put it in those terms, it sounds even more ridiculous.
    Get out the crowbar for your wallet, USAir. If this guy sues, you’re going to lose and you’ll be cutting him a nice, big check.

  • Clifw

    Everyone is enjoying throwing out references to the ADA, but it is unlikely that a court would consider the passenger to be covered under the ADA as it is a minor medical condition which does not impair his ability to function in daily tasks- the ADA is deliberately vague, but I doubt a court would take ‘sleeping with eyes open’ as an impairment, unless it was accompanied by chronic insomnia or the like.

    Not letting US Airways entirely off the hook here (but I wait to hear their side of the episode), but charging around yelling about the ADA is incorrect.

  • Eric

    Just did a little research. ADA does NOT apply to this case as air carriers are not subject to ADA, rather to ACAA (Air Carrier Access Act). I think there are two angles to this case, a legal one and a customer service one. From the legal angle, Mr. Machon would have to demonstrate that nocturnal lagophthalmos is a “disability”. Then under ACAA there are steps US Airways should have taken when they deemed him unfit to travel. This will be contradictory anyway since for some reason he wasn’t fit to fly one day, but fine the following day. I’d love to see the “written explanation” provided by the airline as required under the Act for denying boarding to someone with a disability. The HIPAA angle is fuzzy. Veterinarians aren’t necessarily covered by the law, but “conversations between your doctor and nurse about your health status” are. From a tact standpoint, his medical condition should not have been discussed in the open, but difficult to prove that a law was violated.

    From the customer service angle, everyone at US Airways handled this wrong wrong wrong. If nothing else, I’d tell everyone I know about this story and urge them to hit the airline where it counts by not travelling with them. I hope we soon hear about US Airways trying to remedy this situation, but I won’t be holding my breath.

  • KathyJ

    @eric: From the legal angle, Mr. Machon would have to demonstrate that nocturnal lagophthalmos is a “disability”.

    The FA has already done this by removing Mr. Machon from the flight. If he doesn’t have a medical disability, why did she refuse him access?

  • Eric

    @KathyJ: Indeed. And per the ACAA, the airline is required to supply him with a written explanation for removing him from the plane. I’m curious as to what reasoning they would use that would jive with allowing him to fly the next day.

  • Thalassa

    Unbelievable!! This man should sue in small claims court for this one.

  • http://www.roamingtales.com Caitlin @ Roaming Tales

    Once the passenger has explained their condition, that should be the end of it in most cases. I do understand why the crew was cautious though and getting the passenger checked out by EMTs, while unnecessary, is not completely unreasonable. However, once the EMTs cleared the guy, he should have been allowed aboard. The FA should have been overridden and if she still kicked up a fuss, disciplined.

  • http://www.roamingtales.com Caitlin @ Roaming Tales

    PS I would like to see you advocate further, Chris. This was completely unreasonable and the FA should be disciplined. A flight voucher is only useful if you are planning to spend more money with that airline.

  • Carver

    I wouldn’t sue the nurse and the vet. Their part in this was minimal and they were only trying to help the OP. Save your ire for the flight attendant and USAIR.

  • DeeDeeDean

    Bizarre!!!

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