Title: Passenger Sues JetBlue Claiming Her Stage 4 Cancer Returned After She Wasn't Allowed To Fly With Her French Bulldog
Outline:
- Introduction of the Kiritchenko couple and their situation.
- Description of the initial flight booking and documentation submission.
- Details of the return flight incident and JetBlue's refusal to allow the dog in first class.
- The couple's scramble to find alternative travel arrangements.
- Allegations of humiliation and violation of federal rights.
- Medical implications and the resurgence of Oksana's cancer.
- Legal considerations and the distinction between service animals and emotional support animals.
- Conclusion on the potential outcomes of the lawsuit.
Article:
Introduction: A California woman, Oksana Kiritchenko, is taking JetBlue to court, alleging that the airline's refusal to allow her emotional support French Bulldog, Pier, to accompany her on a flight last year led to a resurgence in her Stage 4 cancer. The lawsuit, filed by Oksana and her husband, Peter, claims that JetBlue not only caused them undue stress but also violated the Americans with Disabilities Act (ADA).
Initial Flight Booking and Documentation: The Kiritchenkos had initially booked their tickets with JetBlue, submitting the necessary U.S. Department of Transportation Service Animal Air Transportation Form to the airline. Their outbound flight proceeded smoothly, with Pier accompanying them without issue.
Return Flight Incident: Upon attempting to board their return flight, the couple encountered a problem. JetBlue informed them that Pier could only fly if one of them moved to the main cabin. With Oksana's health condition requiring her to be in Los Angeles for regular checkups, they agreed to the arrangement. However, a flight attendant later demanded that Pier be placed in a smaller bag, which he could not fit into. This led to the plane returning to the gate, and the couple being removed from the flight.
Alternative Travel Arrangements: Stranded, the Kiritchenkos had to find a new flight, which was only available the next day from Miami. This necessitated a trip from Fort Lauderdale to Miami and the expense of a hotel room for the night. Fortunately, Delta Airlines accommodated Pier without issue on their subsequent flight.
Allegations of Humiliation and Rights Violation: The lawsuit details the couple's experience as one of "cruel humiliation and ridicule," asserting that their federally protected right to travel with their service animal was violated. The emotional and psychological toll on Oksana was significant, according to the legal documents.
Medical Implications: Oksana, who had been in remission from Stage 4 cancer, experienced a rise in her mean tumor molecules levels (MTM/ml) from 0.00 to 0.59 following the stressful incident. She was subsequently admitted to Cedars-Sinai Medical Center in Los Angeles for further treatment.
Legal Considerations: The distinction between service animals and emotional support animals is crucial in this case. While the Air Carrier Access Act (ACAA) mandates accommodation for trained service dogs, it does not extend the same protections to emotional support animals. JetBlue's policies explicitly prohibit dogs in first class, further complicating the legal stance.
Conclusion: The outcome of this lawsuit remains uncertain, with the legal nuances surrounding service animals and the potential for stress to impact health conditions under scrutiny. As the case progresses, it will be interesting to see how these factors influence the court's decision.
Photo Credit: Bruce Bennett / Staff (Getty Images)