(SAN JOSE, CALIFORNIA) A federal jury in San Jose found American Airlines liable for failing to divert an eight-hour Miami-to-Madrid flight after a California passenger suffered two medical emergencies, including a severe stroke mid-flight. The verdict awards $9.6 million to 63-year-old Jesus Plasencia and his family, after jurors concluded the airline violated its own safety protocols and did not seek medical advice or land early to get care. The jury reached its decision in U.S. District Court, where Judge Noël Wise presided over case 5:23-cv-05607.
Jurors heard that in November 2021, Plasencia experienced a transient ischemic attack—often called a “mini-stroke”—at the gate before boarding. His wife warned staff about his symptoms and asked for help. According to testimony, the airline did not request an on-site medical evaluation at the gate. Once airborne over the Atlantic, Plasencia suffered a second, more severe stroke. The flight continued to Europe without a diversion, and the crew did not consult a medical professional during the emergency.
Experts told the jury that timely treatment likely would have lessened the severity of harm. The delay stretched across the length of the transatlantic segment, roughly eight hours. By the time the plane landed, the window for early treatment had passed. Plasencia now needs 24-hour care and is unable to speak, write, walk, or care for himself.
The jury initially awarded $13.2 million in damages, then reduced the total by 27.5% after finding Plasencia partly at fault for declining to deplane when offered. That reduction resulted in the final $9.6 million award.
American Airlines said it disagrees with the verdict, maintains that crew members followed policy, and noted that the passenger declined to leave the aircraft when given the option. The company is weighing next steps. As of September 23, 2025, the judgment stands, and the airline is considering further legal action or an appeal.
What the Jury Found
The central question was whether American Airlines followed reasonable procedures when faced with possible stroke symptoms before takeoff and a confirmed medical emergency in the air. Jurors determined the airline:
- Violated its own protocols by not acting on reported stroke signs
- Did not seek medical advice during the emergency
- Failed to divert the flight when the risk became clear
The court record shows Judge Wise denied the airline’s motion to dismiss due to conflicting testimony about whether crew followed procedures, allowing the case to reach trial and a verdict.
The jury’s decision hinges on a simple point with life-or-death weight: early stroke treatment saves brain function. In stroke care, minutes matter.
Standard airline policies typically urge crew to call medical support and consider an emergency landing if a passenger shows warning signs such as slurred speech, sudden weakness, or confusion. On long international routes, the distance from hospitals makes those decisions even more urgent.
Legal Context and Next Steps
This is a civil case, not a criminal one, and the damages reflect the jury’s view of harm and responsibility. The verdict also reflects a broader trend of courts examining whether airlines follow their own safety rules during in-flight medical events. While the case does not set national policy, it sends a clear signal: juries are willing to scrutinize crew decisions when warning signs appear before departure and worsen mid-flight.
Key legal points and possible next steps:
- American Airlines can appeal, challenge jury instructions, or seek to reduce the award.
- Appeals focus on alleged legal errors rather than retesting the facts developed at trial.
- Central records for any appeal will include: what staff were told, when calls were made, and what steps were taken.
The company’s public stance remains that it did not violate protocols and that the passenger refused to deplane when offered.
Regulatory and Passenger Rights Context
For travelers, airline obligations can involve overlapping standards:
- Internal safety manuals (airline policy)
- International aviation norms
- Disability rights rules
The U.S. Department of Transportation enforces the Air Carrier Access Act, which bars discrimination on the basis of disability and requires assistance for passengers with disabilities. DOT’s guidance for passengers with disabilities is available at the U.S. Department of Transportation’s Aviation Consumer Protection page: https://www.transportation.gov/airconsumer/passengers-disabilities.
While these rules do not dictate when to divert, they underscore the duty to respond appropriately to medical needs.
Why This Matters for International Travelers
For families flying across oceans—students returning to campus, parents visiting children, or workers on assignment—the verdict highlights the stakes of medical judgment on long flights.
Important implications and practical steps:
- Tell the gate agent and flight crew about any urgent symptoms before boarding. Use clear, simple words like “possible stroke.”
- Carry a one-page medical summary with diagnoses, medicines, and doctor contacts. Place it in an easy-to-find pocket.
- If you are not feeling well, ask for a medical evaluation at the gate. If staff offer to deplane for assessment, weigh that choice carefully.
- If English is not your first language, write down key phrases about symptoms in English and your preferred language.
- Consider travel insurance that includes emergency medical care and evacuation.
The verdict also matters for mixed-status families and visa holders who rely on long-haul routes to maintain ties with loved ones. According to analysis by VisaVerge.com, many international students, temporary workers, and new permanent residents plan travel around strict work or school calendars; a serious medical delay can ripple through immigration timelines, job start dates, and school reporting windows.
If a medical crisis forces an unexpected stay abroad, keep records of hospital visits and airline communications. Those documents can help when explaining missed appointments or rescheduling biometrics with U.S. agencies.
Human Impact
The human story here is stark. A husband and father left home for a routine trip and returned needing round-the-clock care. The cost is not only financial; it is the loss of speech, movement, and independence.
- Final award: $9.6 million (after a 27.5% reduction)
- Condition: Requires 24-hour care, cannot speak, write, walk, or care for himself
The jury’s award reflects the depth of that loss and the belief that earlier action might have changed the outcome.
The verdict out of San Jose is a reminder that airlines must match policy with practice, especially when the word “stroke” is in the air.
American Airlines says it disagrees with the jury and is reviewing options. The court’s decision stands unless and until an appellate panel says otherwise.
Key Takeaways for Travelers
- Speak up if you or a travel companion has urgent symptoms.
- Carry clear, accessible medical information and emergency contacts.
- Ask crew to call medical support and consider deplaning if offered.
- Remember: on an eight-hour flight, minutes can become hours — and minutes matter in stroke care.
This Article in a Nutshell
A federal jury in San Jose found American Airlines liable for failing to divert an eight-hour Miami–Madrid flight after 63-year-old Jesus Plasencia experienced a transient ischemic attack at the gate and a more severe stroke mid-flight. Jurors concluded the airline violated its own safety protocols, did not consult medical professionals during the emergency, and failed to land early to get care. The jury initially awarded $13.2 million, then reduced the award by 27.5% for Plasencia’s partial fault, leaving $9.6 million. Plasencia now requires round-the-clock care and cannot speak, walk, or care for himself. American Airlines disputes the verdict and is evaluating potential appeals. The case underscores the critical importance of prompt medical response on long international flights and may prompt closer scrutiny of airline compliance with safety procedures.
