Kicked off my flight for sleeping with my eyes open

What he actually needs to do is report US Airways for a HIPPA violation. US Airways committed one by openly discussing his medical condition in full view of the other passengers. He can report this violation to the Office of Civil Rights, by calling 1-800-368-1019. There are huge fines for HIPPA violations. Maybe this will get US Airways attention.

@ YoungDubFan

Before you post, please make sure that you get your facts straight. It’s HIPAA not HIPPA. (I suspect that you are one of the many people I know that thinks its HIPPA = Health Information Privacy Protection Act) The acronym actually stands for Health Information Portability and Accountability Act. The privacy component covers “regulated entities” (ie health service providers) which US Airways is not. So go ahead and DHHS OCR and waste their time.

With regards to the case at hand, it appears to be an unfortunate situation that resulted in a sequence of mix-ups. My only suggestion is that in the future Mr Machon carry a letter from his physician that states his conditions and diagnosis. This may avoid a future similar situation.

I don’t think its unreasonable for the FA to be initially concerned. What if Mr Machon actually had a seizure or other neurological problem. Since neither the FA or the good Samaritans are qualified to make a complete assessment, calling the EMTs was the only thing to do.

That is one of the most ridiculous things I have ever heard! I remember the first time I saw someone sleep with their eyes open- at an airport no less. I was a child, about 8 years old. I had never seen anyone do this but when I saw the woman, I almost instinctively knew she was asleep. It freaked me out for sure, but I knew she was just sleeping. Come on, where is the common sense? OH US Airways, I say they owe him big time.

The airline might wake up they they were being sued so I’d give it a try.
I have a friend who always, not sometimes, sleeps with her eyes slightly open and says it is disconcerting to people who don’t realize she has this condition. Her cat thinks it’s great and loves to watch her as he lies on her chest. He thinks she’s awake all night with him I guess.
Something about dry eyes she takes medcated drops for too.
At any rate, in the interest of his time, I’d recommend Mr. Machon carry a note from his doctor about this and get it renewed annually.

So this is Greg Machon, The in which the article was written. Just to clearify a few facts and for the record, the Stewardes’, Vet, and Pediatric Nurse were discussing my “medical condition” with the EMTs, the Pilot, Co-Pilot, Gate Desk Attendant, and some guy who said his job was to make sure that there was enough food on the plane, while standing in the two center isles surrounded by other patrons when they could have easily just walked out into the Bridge platform for some privacy. The only one not in the conversation was me. I was told to sit in a seat (not mine) out of the way until things were figured out. The EMTs thought the whole situation was laughable and the waiver I signed was just to say that I aggreed with their diagnosis that nothing was wrong and that I did not want to go to the Hospital anyway. The delay to the others on the flight caused by this whole deboggle lasted over 2 hours before they told me I could not fly with them because the Flight Attendant thought I was a health risk. Unbelievable!

While Chris in NC is right that it wouldn’t be a HIPAA violation, I would still consider pursuing legal action against US Airways for the blatant disregard that the FA and other employees had for his medical privacy. At the very least, it was extremely unprofessional behavior.

And the primary issue here isn’t that the FA was initially concerned or that she made the decision to call the EMTs and bring the plane back, as annoying as that was. That was potentially a reasonable decision on her part. What was totally unreasonable was her insistence that the passenger not reboard the flight even after being checked out by the EMTs. I can understand an FA erring on the side of caution and insisting that the passenger be evaluated. But she has zero medical training and is not in the least bit qualified to contradict the findings of the EMTs (who *do* have training) that he was fine to fly.

I think she should lose her job for this, and I don’t say that lightly. But allowing an FA to say “I don’t want this passenger on my flight” when there is no reason to assume that he isn’t healthy enough to fly (and when there is, in fact, very good reason to assume that he *is*) sets a pretty dangerous precedent.

@larjmarj

So, even after the passenger explains the medical condition as a “normal” situation, you would – forcefully, I assume – have him hospitalized??!! Wow! Don’t know your nationality, but I’m pretty sure that’s illegal here.
The point here is not whether the initial concern by the FAs and others was justified, it’s that 1) his medical condition was quite publicly discussed, 2) his explanations were ignored, and 3) even after the experts that the airline called in (the EMTs) presented a diagnosis that agreed with him, he was still thrown off the plane.

@larjmarj–I think you are way off base and extremely callous in your response. I think the OP was being humorous in his account rather than pointing out directly how inappropriate the FA’s use of a vet and pediatric nurse was. I agree that it was appropriate for the FA to express concern, but everything that followed after the OP provided an explanation was inappropriate. As someone wrote, the EMTs should have been contacted immediately if the OP’s condition was so concerning and the explanation not reassuring AND there assurances should have been enough.

USAirways should make this up to the OP ASAP and in a big way: money, miles (although I wouldn’t want to fly them ever again if I were Mr. Machon), the whole shebang. He was inconvenienced and humiliated for no excusable reason, lost over a day’s time with family and subjected to a 24-hour wait under terrible conditions. And, the FA should be removed if she is unable to discharge her responsibilities during situations that make her feel uncomfortable.

“I would have had him hospitalized overnight for repeated ECT.”

Well, as long as you’re footing the bill and any other reimbursement necessary. But I’m betting you wouldn’t.

@ Steve,

I’m not excusing the US Airways employees. The way it was handled was inappropriate and extremely unprofessional and should not have occurred, but is it illegal? If so, maybe some of the attorneys here can enlighten me on what law was violated. Don’t get me wrong, I’m NOT excusing the staff of US Airways, and Mr. Machon is owed an apology and the staff needs to be counseled on appropriate behavior.

I agree with Steve’s concern that allowing a FA to remove a passenger simply because he/she doesn’t feel comfortable with a passenger is very dangerous and seems to open the door for abuse.

However, if Mr. Machon feels strongly about the case, perhaps he should file a complaint under the ADA. But ironically, I’m not sure that US Airways even violated the terms of his COC. After all, they did provide him with a hotel and meal vouchers (whether the hotel was a roach motel is ultimately irrelevant in the eyes of the contract) and got him on the next flight out.

The “waiver” that Mr. Machon signed with the EMT is pretty much worthless. The “waiver” is a document that protects the EMT, and states that he has been checked out, and that he has been offered to be taken to the hospital and that he declines. It is NOT a medical certification statement, or a certified diagnosis. So for those who say that the EMT “cleared” him to fly, I find that hard to believe. EMTs simply cannot make that determination.

Like I said in my previous post, Mr. Machon should have a medical certification letter in his possession for future trips to avoid this happening again.

Does this case bother me? Absolutely. Was Mr. Machon treated poorly? Absolutely. Does he deserve an apology? Absolutely. But I am puzzled by some of the strong reactions here and I think suing is a bit too much.

Retain an attorney and make sure that US Airways’ General Counsel is called on to the carpet to respond immediately. This is a matter for court action particularly to attack their attitude problem in not responding to either the passenger or the media.

@ Clifw – “What US Airways flight flies between Baltimore and Frankfurt? The only European flight from BWI is to London, on BA. US Airways only flies to Frankfurt from Philadelphia.”
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US Airways flies to FRA from PHL (US700 and US702) and CLT (US704). Maybe Mr. Machon will provide the actual flight information.

After re-reading the whole article and all the comments, here’s my personal take: the FA was freaked out by Mr. Machon’s condition and didn’t want to spend the rest of the flight to Frankfurt walking by him, as he’s sleeping with his eyes open. This was a personal issue, IMHO, and she just couldn’t stand the thought of flying with that “creepy guy” over there in 15A who is so weird he sleeps with his eyes open. You understand I mean no insult to Mr. Machon. But I’d be willing to bet if you threw the lasso of truth around the FA, that’s the answer you’d get.
And not even an apology from the brass at USAirways? You’ve got to be joking.
Unfortunately, he probably does need a note from the doc, explaining the condition and saying he’s fit to fly.
Was it a HIPAA violation? I’m reasonably sure it was, but an attorney would be the best person to speak with about it.
USAirways, you’ve got some ‘splaining to do.

@Clifw: Perhaps it was a codeshare flight, perhaps it was a seasonal flight no longer listed, perhaps USAirways has changed its schedules. I’m not saying the flight definitely existed, but you can’t go by what’s currently listed.

@larjmarj: You say you wish “all” would be so concerned for each other. It’s great that the flight attendant was initially concerned, but once she was told that his condition was a known and normal occurrence, that’s when she should have butted out. She was in no position to decide otherwise, she had no justification for asking for random medical advice from passengers (there’s a clear procedure to follow if she believed a passenger was unfit to travel due to health concerns, and believe me, it’s not “Ask around the plane for anyone who claims to be a doctor”.

Even if it was – a veterinarian? Jeez, that’s just stupid. I have the utmost respect for vets, but they are no more qualified to make a diagnosis on a human being than, say, a physicist is to fly the plane. You say the vet and nurse did more than they had to; I say they did more than they SHOULD have: they exceeded their scope of practice.

I, too, occasionally sleep with my eyes open. When I was ten, I was in the hospital for surgery and my parents were waiting with me outside the OR before I was brought in. I’d already been sedated and was asleep, as my mother related the story later, the doctor didn’t realize that and started talking to me. She told him I was already out, and he waved his hand in front of my eyes to check. He then said “OK”, and apparently they operated on me with my eyes wide open. If a doctor can do that and not be freaked out, surely the FA could serve a drink or two and do her seat belt spiel and not lose it. Firing her may be too severe, but at least she deserves a disciplinary action including remedial training on how to handle medical concerns.

I guess there’s at least one thing that hasn’t been addressed yet. It’s apparent that the “booting” from the flight was for the benefit of the FA, not the airline. Otherwise, why was he allowed to fly the next day? He still has the same “condition”. It didn’t get any “better”.

Jennifer has the same line of reasoning I do: maybe HIPAA doesn’t apply, but ADA certainly does! The only “accommodation” required in this case was for the FA to get over her heebie-jeebies and let the poor man fly (and sleep). What prejudice!

And for the airline to fail to respond? Let them explain it to the DOT.

@Chris in NC: I agree with your advice regarding a note from a medical provider, but who’s to say that alone would prevent something like this from happening? A flight attendant could say she still doesn’t trust the passenger’s condition and doesn’t want him to fly.

I think it’s interesting that this story was posted a few weeks after the one about the woman who became extremely sick on a Southwest flight and complained about being taken to the hospital. As I said when I commented on that one, determining whether someone is sick enough to warrant removing them from the plane is a difficult decision and I don’t blame airlines and their employees for erring somewhat on the side of caution. However, insisting that someone is too sick to fly when not only has the passenger explained that he is not ill at all, but he has also been evaluated by EMTs to confirm this, is unconscionable.

Clifw, good catch. the fact is that the airline canceled my first flight and shuffled me on a late flight from Baltimore to Philly, causing me to miss my plane to Zurich. They then put me on the plane to Frankfurt where i was to catch a flight to Zurich. this would have all-in-all caused a short 4 hour delay in my travels compared to what ended up happening. The above article is just the really bad part of a long, horrible experience with US Air. Thanks for your attention to detail trying to debunk the story but I can assure you this really did happen.

@ Kevin M – “Perhaps it was a codeshare flight, perhaps it was a seasonal flight no longer listed, perhaps USAirways has changed its schedules. I’m not saying the flight definitely existed, but you can’t go by what’s currently listed.”
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Based upon the two searches that I did, there are no direct flights between BWI and FRA. There are eleven (11) airlines that offer connecting flights between BWI and FRA but no direct flights.

In regards to US Airways, international flights are only available from their hubs, PHL, CLT and PHX. In regards to flights to Europe, only PHL and CLT have flights to FRA and other European cities.

It could have been a Lufthansa flight from BWI to PHL operated by US Airways flight to PHL but it could have been a Lufthansa flight from PHL to FRA.

I want to know if he was kicked off from his flight from BWI to PHL\CLT. Or if he was kicked off from his flight from PHL\CLT to FRA. Also, I want to know if it was actually US Airways metal for all flights or if the flight(s) was\were code-share flights like on Lufthansa.

It is my guess that it was on US Airways metal but want to be sure before they are tossed in front of the bus.

@ Chicky – “After re-reading the whole article and all the comments, here’s my personal take: the FA was freaked out by Mr. Machon’s condition and didn’t want to spend the rest of the flight to Frankfurt walking by him, as he’s sleeping with his eyes open.”
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I agree.

IMHO, I think that passengers with medical conditions especially ones that are rare, unique, etc. should carry a letter from their doctor explaining the condition, stating that they are fit to fly, etc.

I also sleep with my eyes open. At bedtime every night since the summer of 1983, I have taped my eyes closed. I always travel with a roll of “magic” tape and could have solved this problem with just 2″ of tape! I have to tape my eyes shut at the beginning of overnight flights or else my eyes become dessicated and I sometimes get pink eye from it. I don’t need a medical letter stating I’m healthy to fly because my husband sitting in the next seat is an optometrist.

The FA overreacted and was very unprofessional, as is US Airways for not responding.

@larjmarj: Would your post be so snotty if this had happened to you? I think not! Karma’s a bit*h, and I can only hope that something similar does soon befall you. BTW: Having both worked in hospitals and dealt with EMTs, I’d feel safer with the EMTs! Except for Emergency Room/Trauma Center professionals, EMTs are often more up to date in new procedures — especially more than your average veterinarian or pediatric nurse. Regardless, none of this should have been discussed in the open within hearing of other PAX.

I think the reason the FA wanted Gregory off the plane was because her actions made her look like a fool. She didn’t want him around to remind her and the other passengers of her overreaction.

A number of airlines now subscribe to medlink-
http://www.medaire.com/comm_medlink.html
It is a service where the crew can call in a passenger’s medical condition and they supposedly have trained medical personnel who will make the decision about whether or not the patient should fly. The airline is released from liability (medlink assumes it) as long as they follow the advice given by medlink. I would think if they were released from liability, the airline would be much more inclined to let a passenger fly. So, if you have a health issue that could be construed as preventing you from flying, you might want to fly on an airline that uses medlink. I don’t have a list of airline subscribers, however.

That said, I believe the FA overstepped her bounds in this situation and should be reprimanded.

If the EMT’s found that he was OK to continue his travels, why would the flight attendant feel he was a liability and did not want him seated in his or her section, was the flight attendant working for tips or something.

Welcome to the United States of Soviet Amerika, comrades, where we don’t have any rights at all…any medical condition is taboo to have!!!!