CebuPac ordered to pay P2M to psoriasis sufferer

[irishman12]

http://www.abs-cbnnews.com/nation/06...iasis-sufferer MANILA - The Pasay City Regional Trial Court (RTC) ordered Cebu Pacific (CebuPac) to pay P2 million in moral and exemplary damages to a passenger who was barred from taking her flight due to her psoriasis.

In a 39-page decision, Pasay court Branch 114 Judge Edwin Ramizo said Rev. Magnolia Nova Mendoza was “put in a situation wherein she was being subjected to a rigid inspection through no fault of her, thus bringing so much embarrassment, humiliation and anxiety on her part…”

Asked for comment, CebuPac corporate communications manager Michelle Pestano-Fojas said she has yet to read the decision.

Mendoza, an ordained minister and professor at the Silliman University Divinity School, was supposed to take a flight to Manila from Dumaguete at 8:50 a.m. on March 11, 2010.

The check-in personnel, however, returned her ticket and asked about the rashes on her face.

Mendoza was suffering from psoriasis, which is not a communicable disease. To her embarrassment, however, she was asked to produce a medical certificate before she could be allowed to board the flight.

[Arthur Little]

Mendoza was suffering from psoriasis, which is not a communicable disease. To her embarrassment, however, she was asked to produce a medical certificate before she could be allowed to board the flight.

... wonder if they thought she'd leprosy?

[tiger31]

This was in 2010 so maybe in another 4 years time she might get her money a big IF.

[irishman12]

This was in 2010 so maybe in another 4 years time she might get her money a big IF.

Should be arriving now so

[Doc Alan]

The decision, 4 years after the event, by Pasay City Regional Trial Court to order payment by Cebu Pacific of P 2 million in " moral damages " and " exemplary damages " , plus lawyer’s fees and other expenses, raises interesting issues.


• Cebu Pacific may appeal against the order and further delay any payment.


• Psoriasis is indeed not a communicable disease. It’s a common skin condition affecting 2% of people in the UK, and probably a similar number in the Philippines. Skin cells are made and replaced more rapidly than normal - resulting in unsightly patches involving any part of the body. It can’t be cured, but treatments can improve symptoms / appearances.



• Airlines do have policies to deny passage to anyone suffering from a potential infectious disease or medically unfit to travel. The check – in personnel clearly couldn’t be certain she had psoriasis, and could have understandably confused it with leprosy ( in fact not highly infectious ) ; or other skin condition which could have been contagious.



• Unfortunately neither her own doctor nor Cebu Pacific medical staff were immediately available to confirm the diagnosis, although she was allowed on a later flight on the same day, with a “ Special Handling Form “.



• If she does eventually receive some or all of the payment after all this time, she may feel it’s been worth all the stress. However, it could have been avoided if she had a certificate of travel insurance listing her medical condition(s), and a covering letter / repeat prescription / and medication clearly labelled in her name – even if a medical certificate had not been deemed strictly necessary.



• The " embarrassment, humiliation, and anxiety on her part " might serve as a reminder to the rest of us before trips to arrange adequate insurance, with proof of all vaccinations and medicines.



• At the time of buying an insurance policy, the insurers need to be told if you :-


1. have received advice, medication, or treatment for any serious, chronic, or recurring illness, or injury, ( at least ) in the past year.


2. are currently suffering from, or have suffered from any heart, cancer or respiratory condition, ( at least ) in the past 5 years.


3. are under investigation for any diagnosed or undiagnosed medical condition.


4. are on a waiting list for in-patient treatment for any diagnosed or undiagnosed medical condition.


5. are travelling against your doctor’s advice, or in order to obtain treatment.


• If between booking a trip and the departure date, a new diagnosis is made, or a known condition changes, you need to tell the insurers.

[Doc Alan]

... wonder if they thought she'd leprosy?

They may well have thought that, Arthur

I thought it might be of interest to post a separate thread on leprosy in the " Health Issues " section.