Summary American Airlines flight attendants were awarded damages after the court found their uniforms caused severe health issues, including respiratory distress and rashes.
Uniforms from Twin Hill, a subsidiary of Tailored Brands, contained formaldehyde and other toxic chemicals.
The uniform manufacturer was found to be a “substantial factor in causing harm” but not found negligent. Flight attendants hope for similar settlements for others.
Four flight attendants at American Airlines have been awarded damages after a court found that the uniforms they were wearing were causing them to become ill. The California court granted a combined sum of $1 million but did not find the company negligent.
A touch of formaldehyde
The new uniforms were introduced in September 2016. They came from the supplier Twin Hill, a subsidiary of Tailored Brands, the defendants in the lawsuit. The manufacturers initially produced over 1.2 million garments and accessories for American Airlines, with the new uniforms being distributed to staff that autumn.
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Flight crew soon began to report reactions to the new uniforms, including severe respiratory distress, rashes, headaches, fatigue, stomach problems, thyroid issues, and hives. The number of complaints rose into the thousands, and the airline responded by allowing the crew to wear alternative uniforms and off-the-rack alternatives. Tracey Silver-Charan, one of the employees in the court case, told The Associated Press some of the reactions she experienced:
“I would wake up and my eyes would be completely swollen. I looked like I had been in a boxing match.”
“I was unable to breathe. I often felt like I was going to pass out on the job. I was coming home and my husband was running me to the urgent care.”
Photo: American Airlines
According to the lawsuit, the flight attendants found that their uniforms contained traces of formaldehyde, toluene, and other toxic chemicals. Using resins containing formaldehyde is not uncommon as a treatment to help clothes last and stay free of wrinkles. American Airlines subsequently terminated its contract with Twin Hill and switched to Lands’ End for its new uniforms, which have been known to cause any adverse reactions.
Creating a case
In 2017, 425 employees filed lawsuits against the garment manufacturer at the Alameda County Superior Court in California. The proceedings are often known as a bellwether trial, with a small number of the cases being considered to get an idea of how the remaining cases will play out.
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The plaintiffs’ lawyers selected two representatives for the group of flight attendants, with the defense attorneys for the uniform manufacturer choosing another two flight crew members. The California jury found that the uniforms provided by Twin Hill Acquisition Co. were a “substantial factor in causing harm” to the flight attendants. When asked if Twin Hill was negligent in designing and supplying its products, the jury unanimously voted no. Daniel Balaban, the employees’ lead attorney, expressed his belief that the four cases seen were representative of the greater set of claimants:
“We think that the great majority of the other 400+ flight attendants we represent are similar to the two bellwethers we chose, which will either lead to a substantial similar settlements for them or similar results in future trials.”
Photo: Denver International Airport
The $1 million was split between the four flight attendants in varying percentages. The most significant single amount was $750,000 for an employee who was forced to take unpaid leave, with another crewmember receiving $320,000 for lost income. Two others were awarded proposed damages of $10,000 and $5,000 in damages related to less severe health effects.
Source: Washington Post, Associated Press
California Court Awards Damages To American Airlines Crew After Uniform Made Them Sick
