Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

United Airlines to pay $30m after quadriplegic man suffered brain damage in ‘violent’ removal from plane

Nathaniel ‘NJ’ Foster, who uses a wheelchair, ventilator, and tracheal tube, was removed from a flight while heading to a funeral with his family in 2019

Bevan Hurley
Sunday 27 August 2023 11:31 BST
Comments
United Airlines to pay $30m to man who suffered brain damage during removal from plane

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

United Airlines has agreed to to pay $30m to the family of quadriplegic man who was left brain damaged after he was “violently” removed from a flight.

Nathaniel “NJ” Foster Jr, 26, who uses a wheelchair, ventilator, and tracheal tube, suffered the injury as he was deplaned from a United Express flight from San Francisco to Monroe, Louisiana, on 8 February 2019, while traveling to a funeral with his family.

His family alleged in court that a ramp supervisor had “aggressively” pushed Mr Foster, causing his body to jerk forward and then fall back, according to Reuters.

Usually four to six staff helped him to disembark, but the complaint stated that only one attendant was initially available.

The staff member called for help and a “supervisor” arrived with an aisle chair.

When the family requested additional assistance, the supervisor reportedly said: “Fine. Do it yourself, then ... I’m out,” according to the court filing.

A baggage handler contracted to United then secured Mr Foster to his chair with a belt, and “aggressively” pushed him causing him to slump to one side.

His mother Pamela Foster sought medical help after hearing him whisper “I can’t breathe”, which would be his last words. He remains in a vegetative state, according to a statement released by the family in June.

According to court papers, the gate agent laughed and told a surgeon who offered help “we got this”.

Mr Foster, from Pleasant Hill, California, went into cardiac arrest and suffered “significant” brain damage, according to Reuters.

United Airlines has agreed to pay $30m to the family of a man who was left brain damaged after his removal from a flight
United Airlines has agreed to pay $30m to the family of a man who was left brain damaged after his removal from a flight (Getty Images)

He was left unable to eat solid foods or speak, and his life expectancy has shrunk from 39 prior to the incident to 31.5, the complaint stated.

After a one day trial in San Francisco federal court, United agreed to pay $30m to his family. The settlement needs to be approved by a judge.

United Airlines declined to comment when contacted by The Independent.

In a statement to Reuters, the airline said: “Our top priority is to provide a safe journey for all our customers, especially those who require additional assistance or the use of a wheelchair.

“We are pleased to share that this matter has settled.”

The Fosters’ attorneys did not immediately respond to a request for comment.

In a press statement prior to the trial, his mother Pamela Foster said that the family had received “repeated assurances” from United that NJ would be properly cared for.

“What happened to our son, to our family, cannot be undone,” Mrs Foster said.

“We hope that through our loss, lessons present themselves so that no other family has to suffer.”  

The family’s attorneys did not immediately respond to a request for comment.

According to Reuters, $12m of the settlement will go towards legal costs, and $3m would cover other costs associated with the trial.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in