Jul 12, 2007 6:14pm

And Now, the Lawsuits

You knew this would happen.  Andrew Speaker, the TB patient who flew to Europe and back after being told he was ill, is being sued in Canadian court for $1.3 million by eight passengers who were on the same flight with him from Prague to Montreal in May.  There’s been plenty of discussion, including HERE on this blog (thanks to all who wrote), about whether Speaker was reckless in traveling with the disease.  His argument, as you’ll recall, is that he wasn’t told he was a threat to others.  From today’s hearing, AP quotes Nassim Tabri, a graduate student from Montreal, who sat one row ahead of Speaker: "At the very first moment that I found out, I was obviously very stressed, very shocked," said Tabri, who slept through most of the flight. "I’m still very stressed out about it. He deliberately got on this plane, endangered our lives and this is very selfish and reckless behavior that deserves to be punished." The plaintiffs’ lawyer, Anlat Nguyen: "They do not have tuberculosis, but nobody can say that they won’t have tuberculosis either," he said.  "And that will not be known, not now, not next year, but for many years in the future, so the pain and suffering that the people have gone through are real. They continue to suffer now because of the uncertainty." On the other hand, there’s this comment from Health Canada: "At this point there is no evidence that any one on the flight contracted TB from Andrew Speaker."  And there is an additional plaintiff in the case who wasn’t on the plane–the brother of a passenger.  "We will admit we are testing the water with that case," said attorney Nguyen. There’s more HERE from CTV in Canada.  You’ll recall that National Jewish Medical Center in Denver, where Speaker is being treated, has downgraded his case.  There are drugs that should work against the strain of TB with which he’s been diagnosed.  So who’s more right?  The passengers, for the risk and doubt they’ve faced?  Or Speaker, who insists he never knew he was putting anyone at risk?  Thoughts welcome, as always.

User Comments

The fact of the matter is that despite the fact that he was INITIALLY told it was OK, once they told him he should stay put in Rome, he “cut and run” like a coward (as the GOP would say). He knew he was doing wrong because he tried to sneak through Canada. He obviously put these people through emotional hell so he should. And, as a lawyer, he’s got plenty to pay with.

Posted by: Mike | July 12, 2007, 7:18 pm 7:18 pm

Instead of suing because there is an opportunity to sue, those people should be thankful that they have not been diagnosed with any sickness. Where is Mr. Speaker going to get that kind of money? He is not rich and neither are his parents! He should be the one suing those who misdiagnosed his illness and made it appear worse than what it actually was. The question the judge should ask is: Are you sick? Were you at any time sick after being in close proximity to Mr. Speaker?
And, common sense should tell you that when you are in a plane you shouldn’t expect any sort of healthy airflow, or expect that every person you come in contact with is healthy. There are many illnesses which are airborne yet we don’t sue people who have flus or colds. Get over it and move on!

Posted by: Daniel | July 12, 2007, 7:24 pm 7:24 pm

He is a lawyer in the same field. No passengers will win any judgment. It is a statement. His Dad has a powerful firm, even if son is new at private practice. Between him and his Dad’s firm, they have the advantage. They seem to seek or enjoy intimidation. The entire tape scenerio was oddly intimidating.
But I think it will make a point that when the CDC comes to you, that is a big deal. Hello Mr Speaker. One should listen and not intimidate the messenger or twist their words. He was basically told not to go, and at least knew by the time he finished his first of MANY flights that it was a bad idea. He had enough money for that lavish overseas wedding and honeymoon. He could of waited in Italy if the cost was precluded. Between his familes and friends, he could not urge them to pool money in an emergency to wrangle a private transport back……… ridiculous. Then wait in Italy. He had many choices, the first was to not go at all. It was a trip for pleasure not to transport human organs to a hospital. It is about priorities and other people did not count to him, just pleasure.
He and his family, and certainly his in-laws are not idiots. the attitude with the tape and secretly recording the medical conversation and threatened the CDC from the get go. His entire stance was off from the beginning. Let em sue and stop his arrogance for authority. Maybe it will stop the media from treating him like a darling, when others should also be heard.Some of the coverage has been tawdry.
If he had or would show some sincere/long-term empathy, it would of helped.Stop the pictures of the wife in tears. Why not call up the families from the get go, their reactions from day 1 were to be on the defence. They would not listen to anyone except from w/in their circle. They made it worse.

Posted by: dorio09 | July 12, 2007, 7:36 pm 7:36 pm

People come in contact with others who have diseases every day, some of them very dangerous, too, and never know it. Life is full of risks. Does anyone really think that everyone who flies on a plane has a certificate of good health? I read somewhere that a huge number of people in the world actually carry TB bacteria without ever getting the disease. This means that we are probably being exposed more often than we think to this disease. Sure, Speaker was selfish but he was probably scared himself of getting stuck in a foreign country. I think a lot of people would be. The people who are suing are legitimately anxious about getting the disease but it sounds like to me that this is just someone seeing an opportunity to make some money off someone. The money is not likely to be for medical expenses if these people are Canadian since, in a worse case scenario, they would receive health care in Canada if they become ill. Anyone know about this?

Posted by: Ed | July 12, 2007, 7:43 pm 7:43 pm

Andrew Speaker deserves to be sued. He knew he had a contagious disease and put his own welfare above every man, woman and child on each of those planes – especially on the return trip when the CDC told him to stay put.
I hope Andrew Speaker is forced to pay through his nose for legal fees and other expenses. That may – just may – knock his arrogance level down a notch.

Posted by: Jim | July 12, 2007, 7:45 pm 7:45 pm

I agree, the Speaker family,in laws and friends inflamed a situation that could of been handled better in the media. The Speakers were heck bent to enter a full court press in the public relations arena. It scared me. Had they been a little more approachable to various entities we would see a calmer fall out. They could of been less hostile to passengers by reaching out in a more genuine way. They were in attack mode about the CDC & various entities from day one. I see a 50/50 path of blame, not just the Speaker family or the CDC. Mr Speaker had some level of responsibility, we all do as adults and citizens in the free world.

Posted by: Amanda | July 12, 2007, 7:54 pm 7:54 pm

He deserves to be sued. Lawyers are especially aware of the duty not to harm others and what negligence, intentional and reckless harm is. According to what he has already said publicly, he KNEW he was risking the lives of others so he could save his own. That was his state of mind when he left Europe and flew to Canada. It is irrelevant if he is not rich, it is irrelevant if he hasn’t been practicing law for 10 years, it is irrelevant that other people are exposed to illnesses every day – what is relevant is that he was aware he had a deadly contagious disease, was told not to fly, he put other people at a deadly risk and he did it all to save his own butt.

Posted by: Stacey | July 12, 2007, 8:14 pm 8:14 pm

As usual, a bunch of scum file lawsuits just “because they can”. This is ridiculous. If they didn’t get hurt the case should be thrown out and they should have to pay Speaker’s legal bills. What is this country coming to?

Posted by: John | July 12, 2007, 8:15 pm 8:15 pm

To Daniel: It is irrelevant if someone is not sick right now. If I intentionally exposed you to HIV, just because you don’t test positive for it now doesn’t mean you won’t test positive for it in 5 years. You would be able to sue me for personal injury just for the worry and future testing I will have to undergo for 5 years until I find out for sure that I do not have HIV. You don’t know anything about lawsuits – so don’t comment about something you don’t know about.

Posted by: To Daniel | July 12, 2007, 8:17 pm 8:17 pm

John: come back and leave a comment that makes sense. If you had a 5 year old daughter who had to undergo testing for TB every 6 months AND you had to worry about her testing positive for TB until she was 16 years old AND you had to worry about her dying from TB – you would be suing too.

Posted by: To John | July 12, 2007, 8:20 pm 8:20 pm

People in this country are sue happy. I wish people would get fined for bringing these frivolous lawsuits. These TB sue-happy folks aren’t much different than that weeny judge who sued the dry cleaners for losing his pants. I hope he has to pay the dry cleaners for all their pain and suffering and wasting the court’s time. These people who rode on the plane with Andrew are simply looking for a fast buck and its disgusting.

Posted by: Cindi | July 12, 2007, 9:12 pm 9:12 pm

We should learn from this lesson. Whether we like it or not, people who are diagnosed with a potentially untreatable disease will be frightened and confused. Many will act unwisely or selfishly.
Our public health authorities should anticipate this and help the panicked victims of untreatable contagious diseases comply. There should be resources and protocols to transport these victims safely to treatment, in a familiar and reassuring environment.
Surely, if we have trillions to spend on war, we can provide advice and transportation to help people comply with public health orders. You can call it enlightened self-interest.

Posted by: Sue | July 12, 2007, 9:20 pm 9:20 pm

I hope everyone is listening when I say this LOUD and CLEAR. I work as a Flight Attendant and you should never even fly with a cold or flu! Not everyone has a “healthy” immune system such as children or the elderly and even the flu will put people in danger,not to mention keep me out of work when I really need the pay. I concur with the statement that he absolutely KNEW of his wrongdoing since he so cowardly “snuck” back into the country and shame shame shame on the lax border security!!

Posted by: K | July 12, 2007, 9:48 pm 9:48 pm

It is about time that the Speakers have to show how good they are as personal injury lawyers. They have long been on the other side of the fence.

Posted by: mfung1 | July 12, 2007, 9:53 pm 9:53 pm

To my mind these people are looking for a payday, pure and simple.

Posted by: meh | July 12, 2007, 11:38 pm 11:38 pm

The Speakers are personal injury lawyers. Lawyers are trained to recognize the duty not to harm others and what negligence, intentional and reckless harm is. He made statements underscoring he was aware of the risk to others,especially the risks of confined areas with lots of people, like a plane, airport waiting area,hotel or wedding reception. He ignored all others, selecting what would be easiest for him.
If he was frightened or confused he should of stayed put and reduced the stress and complications he created.He is an educated adult, expected to err on the side of caution. Expected to take some responsibility for his actions, that is what his field of ligation is, holding the individual responsible.If he felt confused or overwhelmed, why fly across the globe for an elective trip? Because he chose pleasure when he could of taken the weekend to think it over and wait for information while in Georgia.

Posted by: Robert T | July 13, 2007, 12:07 am 12:07 am

This whole dialog is leaving me scratchng my head. Did Andrew Speaker demonstrably cough, sneeze, or talk excessively to any passengers or crew on his flight? If not, then what is the lawsuit supposedly claiming? People MIGHT have been exposed, people MIGHT get sick, people MIGHT have a reason to sue then down the road when such things occur. “What ifs” are the worst possible sort of basis to file on, and it only shows greed.
As far as flying when ill, get over it, it is part of today’s world. Most illnesses are contagious often tiems even before the person who is infected might even be aware of it, and given the brutish behaviour of flight attendants these days, in terms of IDing totally innocent passengers as being bomb toting suspects on overseas flights when the passenger in question did nothing wrong, (and supposedly passed ALL security checks) or kicking off a mother and her 19 month old son off of a flight because the toddler would not shut up and the mother did not wnat to “dope” up her child with some cold medicine, get over it, accept the risks of your job, or quit.
Speaker honestly did not think he was a risk to other people, and nobody has shown how he DID endanger anyone. The CDC was wrong in his diagnosis, not that TB is any joke, but the overreaction to this is incredible. Just saying, what if Speaker did NOT know he had TB at all, what hue and outcry would have taken place then, even though the minimal risks would STILL be identical?
$134,000 for something that MIGHT occur sounds like a great premise to sue for anything anytime any manner. Pain and suffering for WHAT?

Posted by: voiceofsanity | July 13, 2007, 1:28 am 1:28 am

I keep seeing people saying everyone is sue happy in this country ah read the info there sueing from Canada, And i believe they have the right this man knew before going that the CDC asked him to wait, then told him not too return but to go too the Italy health department and get help there while they where working on it and he simply just snuck around the main way in and took a back route to get to the US and anyone on the flight with him has every right to sue, He had no regard for anyone else but his self and that is selfish. and he deserves what he gets.

Posted by: Bill B | July 13, 2007, 1:35 am 1:35 am

Voice of insanity you are anything but. Should I ask you to quit a career you love because of a few selfish people? You have absolutely no idea what my job has become nor can you generalize all Flight Attendants. I see when compassion was handed out you were first in line but held the door for everyone else as they ran out. What I am talking about is good common courtesy…something I think has been lost. Thank you for the attack though. I love what I do and I am good at it. You my not so dear friend are not such the voice of insanity but bitter..party of one!

Posted by: K | July 13, 2007, 2:50 am 2:50 am

You have got to be kidding. The standard is: did you experience any adverse outcome? No? Then you have NO CASE!

Posted by: Janis Margulis | July 13, 2007, 8:32 am 8:32 am

As I previously wrote, “It seems to me that everyone is being just a little bit disingenuous here: the local health authorities for not having made it clear and unambiguous to Mr. Speaker that he is contagious and should not travel, Mr. Speaker himself for changing his travel plans by leaving several days earlier than planned and then taking a cirsuituous route to return to the US, Mr. Speaker’s father-in-law for not having explained the dangers (which I’m sure he knows quite well) of exposing others to the TB germs, and the CDC which is now in full “damage control” mode, trying to shift all blame to the Canadian Border Patrol guard for his failure to properly detain Mr. Speaker.” That some of the passengers on the same airplane as Mr. Speaker are now trying to profit from his utter disregard for others’ welfare doesn’t surprise me; that this suit is occurring in Canada, which seemed to be full of sensible, pragmatic realists until now, does. Since no one has yet manifested TB symptoms or has even tested positive for the disease, this suit seems to be for “future pain and suffering,” a dubious concept to reward. Sadly, I previously thought that such frivolous lawsuits were only possible in the US. I see I was incorrect.

Posted by: chuck | July 13, 2007, 8:42 am 8:42 am

Nothing like any good cause for a lawsuit. Since when should lawsuits be permitted, when there is no clear evidence of injury?

Posted by: Rick McDaniel | July 13, 2007, 9:29 am 9:29 am

TB is a serious illness and the least Mr Speaker should do and could have done was wear a mask to stop the droplet spread which is how the disease is spread. You can get the disease anytime, but are more likely to get it from close contact with active infection not under treatment.

Posted by: Patricia Ivie | July 13, 2007, 9:32 am 9:32 am

Their current personal injury is the emotional trauma. Emotional trauma is just as real as physical trauma. This man should be punished for his blatant disregard of authority. Who travels to a foreign country for a pleasure trip when you are ill? I certainly would never on the chance that my condition would worsen and I would not be able to travel back home. Basically, this guy is a spoiled brat who used a bunch of tricks to ensure he got his way regardless of the physical or emotional harm he caused to others. I’ve been waiting for him to be sued! It’s time to give him some emotional trauma of his own. You reap what you sow, my friends!

Posted by: Laura | July 13, 2007, 9:52 am 9:52 am

I am a lawyer; therefore, I have more knowledge regarding law and injury than most in this forum.
Personal injury law states that one may sue another for acting or failing to act in either an intentional manner, reckless manner or negligent manner. The standard consists of someone knowing (or someone who reasonably should have known) that their conduct would cause foreseeable harm to others.
If we examine the facts, Mr. Speaker knew he had a deadly contagious disease, Mr. Speaker decided to board a flight knowing he had a deadly contagious disease with the hope of getting back to the US to save his own life, and there were people exposed to the deadly contagious disease who now have to worry about testing costs and must SUFFER through not knowing whether they are going to be infected for years to come. Maybe some of you do not believe that emotional suffering is not compensable; however, in most legal systems emotional suffering is in fact compensable. The expensive costs of obtaining X-Rays and TB testing over 10 years is compensable. If someone does eventually get TB in the future, then testing can be done to determine if the origin was from Mr. Speaker – if it is, then they once again can sue Mr. Speaker for damages arising out of actually becoming infected with TB. It is very easy (and also common for people who are not very intelligent) not to appreciate the situation that Mr. Speaker’s fellow airline passengers must now face. You can presume that people with doctorate degrees (i.e., lawyers, judges and lawmakers) are probably in a better position to judge whether or not these passengers have a legitimate case for damages than you do.

Posted by: Im a Lawyer | July 13, 2007, 10:11 am 10:11 am

Please, here comes the sue happy people.

Posted by: hawkrew | July 13, 2007, 10:53 am 10:53 am

Everyone on the flights with Speaker was guilty of some personal negligence because everyone should know the risk of contracting an illness in the closed confines of an aircraft. The legal logic is premised on Speaker’s belief that he was contagious. If he believed he was not, and it appears that that was his frame of mind based on what the CDC “experts” had told him, ipso facto no negligence on his part. If the passengers want to sue someone, they should sue the CDC for incompetence or the airlines for not doing a better job of screening passengers or the press for reporting this story in the first place. No one has become sick – no harm, no foul. If the other passengers are suffering from “emotional trauma” it was self-inflicted through their own ignorance.

Posted by: jmcalli1946 | July 13, 2007, 11:02 am 11:02 am

Sure, anyone can sue…but as to damages…what kind of lawyer would take this ridiculous case? These cases are only intended to make the lawyers rich. The plaintiffs will get NOTHING!

Posted by: Janis Margulis | July 13, 2007, 11:04 am 11:04 am

Mr. “Imalawyer,” I’m a doctor. So, my professional belief is that these people have no case, unless of course they have contracted TB, or is that TV?

Posted by: Imadoctor | July 13, 2007, 11:33 am 11:33 am

he shouldnt get sued…its not his fault

Posted by: Jillain | July 13, 2007, 11:47 am 11:47 am

He was told it was OK to travel. I hope he has the paper work to prove it. They should sue the CDC and government, not him. Idiots.

Posted by: Lori | July 13, 2007, 1:43 pm 1:43 pm

Mr. “Im a Lawyer:” In your last sentence, you state “You can presume that people with doctorate degrees (i.e., lawyers, judges and lawmakers) are probably in a better position to judge whether or not these passengers have a legitimate case for damages than you do.” I’ve knowm many “lawyers, judges and lawmakers” who couldn’t find the backs of their laps with a map, a GPS unit, detailed directions, and both hands! Unfortunately, you neglect to mention the important fact that, should such a suit go to trial, the responsibility of determining those damages will be left up to us “ordinary folk,” who, according to you, aren’t in a very able position to determine those damages. Let me guess: you’re a personal injury lawyer, right?

Posted by: chuck | July 13, 2007, 1:58 pm 1:58 pm

TO: “I am a lawyer”
Case in point: you made it clear, arrogance and a feeling of moral superiority. Perhaps this is part of the problem? Hmmmm

Posted by: Nick Rhann | July 13, 2007, 3:17 pm 3:17 pm

Andrew Speaker claims he had no other way home but the airlines and could not afford an air ambulance. This is bogus. He knew he was ill before he left, why didn’t he purchase some TRIP INSURANCE. Every policy I have purchased has a provision for becoming ill abroad and medical evacuation. Speaker was clearly negligent!

Posted by: olga | July 13, 2007, 5:02 pm 5:02 pm

EXACTLY: He purchased trip insurance w/ a provision for emergency transport.While no one will receive money from a lawsuit, I can understand how they would feel angry at the arrogance and disregard for others. The lawsuit is a statement.
Mr Speaker and family focused their actions and verbiage, at distancing themselves from responsibility and concern for people around them. This arrogance has won no sympathy. Honey attracts more than vinegar, so to speak…One would think he would hire a PR firm at this point, the family spin is not working on the regular people.

Posted by: Stan Labrowski | July 13, 2007, 5:36 pm 5:36 pm

“Andrew, you knew it was coming…I told you so!”
…I am now wondering if you did thi$ for free publicity or another rea$on.

Posted by: ToyfulSweetartMavMOM | July 13, 2007, 10:32 pm 10:32 pm

I find it hard to believe that his man was unaware if he was a threat to others or not. I mean come on, you have this serious health issue (TB) and you don’t know what risks it in tails. I know that I would, as a wise patient, ask my doctor(s) questions in regard to my health issue(s). I also find it hard to believe that the doctor(s) wouldn’t have mention what kind of a threat he may or may not be. No doctor is going to say “Hey, so you have TB” and not give any other important information along with that. And if somehow that is the case, where the doctor didn’t inform the patient of his risks to others than some kind of action needs to be taken against the doctor. Either way whatever the case may be….someone is in the wrong. Whether it be the patient for acting in a careless manner and putting others in risk by not knowing the necessary information about his condition, or it’s the doctor(s) who is wrong for possibly not explaining the necessary information to his patient. TB is a serious matter and should never be treated in a careless manner.

Posted by: Cheryl Lovitt | July 14, 2007, 6:55 am 6:55 am

Mr Speaker has stated he was told it was not advisable to fly, especially for leisure. Passengers now say some are curtailing activities to err on the side of caution as they do not want to expose loved ones or coworkers to any increased risks. They are using common sense and compassion towards others.They are waiting for the next barrage of TB testing to rule out exposure. So, many are impacted, daily routines are being modified, one cant help but worry if you have to curtail your daily life because one man took a pleasure flight x3.
I may not be a lawyer and I would probably not sue. I’d be too busy eeking out a living & being overwhelmed. But I would be mad as heck. I work hard and could not afford to alter my life for Mr Speaker. If I was impacted like that it would be a financial disaster and I believe that would affect me emotionally, as I would not be able to provide for my family.
But what do I know, I am not a lawyer, just an honest, considerate, working stiff. Mr Speaker knew the risks.

Posted by: working stiff | July 16, 2007, 12:45 pm 12:45 pm

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