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Federal Appeals Court Revives American Airlines Lawsuit Over Teen’s Inflight Death

by Alexandra Agraz | May 18, 2026


A federal appeals court has revived part of a lawsuit against American Airlines over the death of a 14-year-old passenger during a flight from Honduras to Florida, allowing claims tied to an allegedly malfunctioning onboard defibrillator to move forward toward trial.

A May 14 decision from the U.S. Court of Appeals for the Fifth Circuit stems from the 2022 death of Kevin Greenidge, who lost consciousness during the flight after experiencing breathing problems and chest pain. According to court records, flight attendants moved Kevin to the rear galley while two medically trained passengers assisted with CPR efforts before the aircraft diverted to Cancun. Kevin was later pronounced dead at a hospital.

Conflicting accounts about the aircraft’s automated external defibrillator, commonly known as an AED, became a major focus of the litigation. The device recorded that it delivered an electrical shock after detecting a shockable heart rhythm. Several witnesses, including a nurse and a surgical resident who helped treat Kevin on board, testified that they did not believe a shock was actually delivered during the emergency.

The Fifth Circuit found the conflicting testimony was enough to send part of the case back for trial. Judges pointed to Federal Aviation Administration regulations requiring commercial passenger aircraft to carry approved AEDs, finding that the alleged failure of the device could qualify as an unexpected onboard event under the legal standards governing international flights.

Because the flight originated outside the United States, the case is governed by the Montreal Convention, an international treaty covering airline liability for injuries and deaths during international air travel. Under the treaty, courts evaluate whether an unusual event during the flight contributed to the passenger’s injury or death.

Kevin’s family also argued that crew members reacted too slowly to the emergency, delayed CPR efforts, failed to quickly notify the cockpit, and did not contact an on-call physician service available to pilots during in-flight medical incidents.

Judges rejected those claims, concluding that prior court decisions generally do not treat an imperfect emergency response by airline personnel, on its own, as a qualifying accident under the Montreal Convention. Court records also showed crew members moved Kevin to the galley, sought medical assistance from passengers onboard, retrieved the AED, assisted with CPR efforts, and diverted the flight to the nearest airport.

Claims tied to the AED allegations will continue because federal aviation rules require airlines to carry functioning defibrillators onboard passenger aircraft. Judges said a jury could decide if the device failed during the emergency and contributed to Kevin’s death.

Damages tied to the family’s losses from Kevin’s death will also remain part of the case. Judges separately dismissed a claim accusing American Airlines of violating terms in its passenger agreement, concluding that the Montreal Convention governs many disputes involving injuries and deaths on international flights rather than separate contract claims.

The case will now return to the U.S. District Court for the Northern District of Texas for further proceedings.


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A faulty defibrillator aboard an American Airlines flight led to a 14 year old's death, a new lawsuit claims
By
Bianca Giacobone


Mar 23, 2023, 7:48 AM PT


A 14-year-old boy went into cardiac arrest on an American Airlines flight, but couldn't be revived when a doctor tried to use a defibrillator on board, a new lawsuit filed by the boy's mother says.

The suit says the defibrillator was faulty — and places the blame on American Airlines.

Kevin Greenidge was flying from San Pedro Sula, Honduras, to Miami last June when he experienced the cardiac issue, according to the suit filed this month in federal court in New York by his mother, Melissa Arzu. She's seeking unspecified damages.


The lawsuit alleges that American Airlines failed to "ensure that the automatic external defibrillator and its mobile battery pack were fully and properly charged," and that the airline's alleged negligence "caused, permitted, and/or hastened the untimely death of" Greenidge.

Thomas Giuffra, a partner at law firm Rheingold Giuffra Ruffo & Plotkin who is representing Arzu, said Kevin was traveling with his uncle to New York when he fell ill. He was returning from a family vacation.


In a statement to Insider, an American Airlines spokesperson said the carrier was reviewing details of the lawsuit. "Our thoughts are with Mr. Greenidge and his loved ones," the airline said.

Defibrillators have been federally required on all passenger aircraft since 2004, and American Airlines became the first US commercial airline to put defibrillators on its planes in 1997 and to train its flight attendants to use them. They are considered "no-go" items, meaning that if they are missing or "inoperative" the plane should not be dispatched, according to the Federal Aviation Administration.


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