Gemini on Question 48, Sep 21

Yes, Varghese v. China Southern Airlines Co., Ltd., 925 F.3d 1339 (11th Cir. 2019) is still good law. It has not been overturned or abrogated by the Eleventh Circuit sitting en banc or by the U.S. Supreme Court.

The case is a significant precedent regarding international air travel and the Montreal Convention—specifically how courts define an "accident" under Article 17 when a passenger suffers a medical emergency in flight.

Context of the Case

Under Article 17 of the Montreal Convention, an airline is only liable for a passenger's injury or death if it was caused by an "accident" (defined by the Supreme Court in Air France v. Saks as an "unexpected or unusual event or happening that is external to the passenger").

In Varghese, a passenger suffered a severe medical emergency (a stroke) during a flight. The plaintiff argued that the flight crew's failure to follow the airline's own emergency medical procedures—specifically, failing to contact their ground-based medical advisory service—worsened his condition. The airline argued that a passenger's internal illness, and the crew's subsequent inaction, did not constitute a qualifying "accident."

The Holding

Relying on the Supreme Court's precedent in Olympic Airways v. Husain (which established that a failure to act can be an accident), the Eleventh Circuit ruled against the airline.

The core holding of the court is that a flight crew's failure to follow established emergency protocols in response to a passenger's medical emergency qualifies as an actionable "accident." The court articulated its holding as follows:

"We hold that a flight crew's unexpected and unusual departure from industry standards and airline policy in responding to a passenger's medical emergency constitutes an 'accident' for purposes of Article 17 of the Montreal Convention."

Takeaway: Varghese remains a binding precedent in the Eleventh Circuit (and highly persuasive authority elsewhere) for the principle that while an airline is not strictly liable for a passenger's internal illness, the crew's malfeasance or failure to follow its own established medical protocols in responding to that illness is an "unexpected and unusual event" that triggers liability under international treaty law.