(MENAFN- Live Mint) Qatar Airways is facing a wrongful death lawsuit in the US after an 85-year-old passenger, a strict vegetarian, reportedly choked and died on a flight after being served a non-vegetarian meal.

The incident occurred on a Los Angeles–Colombo flight in July 2023, when Dr Asoka Jayaweera, a retired cardiologist from Southern California, was denied the vegetarian meal he had pre-ordered. According to the lawsuit, filed by his son Surya Jayaweera, the crew advised him to“eat around” the meat in the regular meal provided, instead, the Independent reported.

While attempting to do so, Jayaweera began choking and subsequently lost consciousness, the complaint states. Despite intervention by the flight crew and remote assistance from MedAire, a medical advisory service for airlines, he never regained consciousness.

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The flight did not make an emergency landing immediately, with the crew allegedly informing passengers that diversion was impossible as the aircraft was flying“over the Arctic Circle.” However, the family claims flight data shows the plane was actually over the US Midwest, suggesting a diversion may have been feasible.

The aircraft eventually landed in Edinburgh, Scotland, several hours later, where Jayaweera was taken to the hospital and pronounced dead on August 3, 2023.

Family alleges negligence, Airline cites International convention

The lawsuit, filed in California federal court, accuses Qatar Airways of negligence and wrongful death. It cites failures in both meal service and medical response protocol. The family's attorneys argue that the airline violated its duty of care, given the passenger's pre-booked dietary request and his medical distress during the flight.

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According to court filings, the cause of death was aspiration pneumonia - a condition caused by inhaling food or liquid into the lungs.

The case also refers to the Montreal Convention, the international treaty that governs airline liability in cases of injury or death on board. Both Qatar and the US are signatories, and the treaty limits statutory compensation to roughly $175,000 in such cases.

Mint has reached out to Qatar Airways for a statement. The airline is yet to issue an official response.

Previous incidents and broader context

The lawsuit comes amid growing scrutiny over in-flight food safety and allergy management. Qatar Airways has faced similar incidents in recent years - including two separate complaints from British reality TV star Jack Fowler, who claimed he nearly died after being served nuts despite notifying the crew of his severe allergy.

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In another case this year, a Singapore Airlines flight from Frankfurt to New York was diverted to Paris after a passenger with a shellfish allergy fell critically ill mid-air.

Airlines are required under international aviation standards to accommodate medical and dietary requirements when informed in advance. However, implementation often depends on meal availability, catering logistics, and flight routing - especially on long-haul services.

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