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Continental Airlines / Violation of ADA/failure to accommodate medical requirements

1 United States Review updated:

I suffered a significant injury (I was hit by a cab, my foot being run over) while traveling on 11/12/08. I was given clearance to travel by air the next day (11/13) provided that I was able to ice my injury by using a cryo cuff boot and elevate the foot. The orthopedic physician emphasized the potential for permanent injury if this condition was not met, due to the acuteness of the injury, and the impact that cabin pressure could have. My seats for both legs of my flight (flight 2592 from Indianapolis to Cleveland and flight 5844 from Cleveland to Providence) were seat 1A.

On the first leg of my flight, the entire flight crew was sympathetic to my needs and provided assistance. I was allowed to keep my cryo cuff boot and cooler with me during the flight and allowed to elevate my foot.

When I was wheeled to the plane in Cleveland (the same type of airplane), I explained my needs to the flight attendant. She informed me that it was against Federal regulations to keep any item in front of me during the flight and that she would have to move me. I informed her that I needed to keep the medical device with me, but she still refused and moved me to row 6. However, she walked away when I did not give her the device. She told me that there was a “Fed” on the plane and she had to follow the rules. I told her I did not care who was on the plane, my medical needs should be met. She again refused and I felt strongly that if I had continued to pursue my request that she would have had me removed from the plane.

During the flight, I experienced severe pain, since the leg could not be properly elevated. Since I also gained a seatmate after she moved me, I was also kicked in the ankle 2 or 3 times. I noted an increase in my respiration as my pain level increased.

At the end of the flight, the attendant never informed me that a wheelchair was being brought to assist me. I moved out of the seat in order to allow the seatmate to leave. The attendant never approached me to indicate that she would help retrieve my belongings until I started to get them myself. I looked at her and said “are you kidding me?” at which point she approached me and said, “I have no idea what I’ve done to cause you to be angry with me ma’am”. I told her that angry was not the word that I would use, that she had caused me unnecessary pain and distress. I reminded her that the flight crew on the first leg of my trip had accommodated me. By moving me, she had only insured that I would be unable to elevate my foot, which was a condition on my approval to travel and that she had potentially increased my risk for permanent damage. I was in serious pain, almost as bad as what I experienced immediately after the injury occurred. This could have been mitigated if the attendant had met my request for accommodation. Her response was that she was sorry that the other crew had, “not done their job” and that she could show me the Federal regulations that prohibited her from allowing me to elevate my foot in the first row. This was a different excuse from what she gave me in Cleveland where she told me she was moving me because I could not have an item that was not stored in front of me during flight.

Regardless whether or not this Federal regulation exists, it was superceded by the American with Disabilities Act (ADA) which clearly indicates that reasonable accommodations be made to ensure my health and welfare. This flight attendant’s refusal to even hear my reasons, let alone review the documents that I had with the accommodations listed cannot go without reprimand. This individual was rude, unsympathetic and downright nasty.

I contacted 1-800-WECARE2 to lodge my complaint. "Miss Cunningham" filed my complaint and indicated that it would be "handled internally". That sounds to me like code for "this is going straight into the garbage". I have a case number and told her that I would be pursuing this at the corporate level since it was apparent that this flight attendant needed retraining in what the ADA was and what the definition of "reasonable accommodations" would be.

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Comments

  • Cr
      4th of May, 2009
    0 Votes

    compo seeking whore..

  • Gu
      5th of May, 2009
    0 Votes

    Hey craidababe...you must work for Continental or perhaps have the misfortune to be married to the flight attendant in question

  • Sh
      20th of Aug, 2009
    0 Votes
    Continental Airlines - superviser
    leslie desouza
    6989 bonner ave
    Clearwater
    Florida
    United States
    Phone: 727 386 5307

    i just went on a flight i saw a 15 dollor charge on my card whan i called to ask about this the men was very rude and hung up on me i did not get his neme he said he was a superviser m and my mother-father fly alot from fl to nj both back and forth here are our frequent flyer nubbers hj839038-ab16167-sg540541 if this is the way i will be treated when calling i will find another airline to fly thank you leslie desouza

  • Li
      29th of Sep, 2009
    0 Votes

    REASONABLE accomodations...not breaking a federal law (if said federal law does indeed exist)

  • Ma
      19th of Mar, 2010
    0 Votes
    Continental Airlines - cancelled flight
    Continental
    New York
    United States

    I am trying to get documentation to prove our flight was cancelled on March 14th 2010 out of Newark, NJ for the insurance company.
    I'm not even sure if this is the right sight for this request, been getting the run around for 2 days and several phone calls. This is the sight the customer rep. gave me from Continental.

  • Ma
      22nd of Aug, 2010
    0 Votes
    Continental Airlines - Rip off
    Continental Airlines
    United States

    Bought tickets for a wedding and the wedding got canceled.Unemployed and will not give me a refund even though I explained the situation to them and they have 2 months to re-sell the tickets they told so sorry we can not help you. Then you should change you phone number to 1-800 we couldn't care less about you .We have your money and we are keeping it. Never fly Continental airlines again in my life. Buyer be ware.

  • Cr
      26th of Jul, 2011
    0 Votes

    neither am afraid!Think theyre more in your age range!

  • Fo
      8th of Mar, 2012
    0 Votes

    By way of follow up, the FCC did indicate the rules were broken and the attendant should have accommodated the request.

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