Quick summary
A federal appeals court’s recent May 14, 2026 ruling has revived a lawsuit against American Airlines over the 2022 in-flight cardiac arrest death of 14-year-old Kevin Greenidge, who collapsed on a flight from Honduras to New York. The Fifth Circuit Court of Appeals ruled that a genuine factual dispute exists over whether the FAA-required onboard defibrillator actually delivered a shock — and that question now goes before a jury in federal court in Fort Worth.
The court dismissed claims about crew confusion and delayed response as insufficient grounds for liability under the Montreal Convention. What remains is a direct test of whether the aircraft’s legally mandated lifesaving equipment worked.
Kevin Greenidge was 14 years old, traveling with his family from San Pedro Sula to New York, when he went into cardiac arrest somewhere over the Gulf of Mexico. He never made it home.
His family’s lawsuit against American Airlines has now cleared a major legal hurdle. The U.S. Court of Appeals for the Fifth Circuit ruled earlier this month that the case can move forward — not on the grounds of crew confusion or delayed response, but on a narrower and more unsettling question: did the FAA-required automated external defibrillator on that aircraft actually work?
Four witnesses, including a doctor and a nurse who assisted during the emergency, testified that no shock was ever delivered to the boy. American Airlines counters that the AED’s internal data log recorded a shock eight minutes after activation. The Fifth Circuit said that conflict — machine record versus human testimony — is exactly the kind of factual dispute a jury must resolve. A company cannot defeat eyewitness accounts of a possibly malfunctioning device simply by pointing to data generated by the device itself.
The case now returns to the U.S. District Court for the Northern District of Texas in Fort Worth for further proceedings. For passengers who have ever watched a flight attendant struggle with an unfamiliar piece of equipment mid-flight, the implications are not abstract.
What the Fifth Circuit actually decided — and what it left open
The ruling did not find American Airlines liable. It found that liability cannot be ruled out.
Under the Montreal Convention — the international treaty governing passenger injury and death on international flights — an airline is only responsible if the harm resulted from an “accident,” defined as an unexpected or unusual event external to the passenger. The Fifth Circuit accepted that imperfect, confused, or delayed crew response does not meet that threshold. Flight attendants are not doctors. Courts have consistently held that substandard emergency response, even response that violates an airline’s own procedures, does not automatically constitute an airline-caused accident.
All flight attendants on the flight had completed the required annual AED training. Whether they retained that training in a crisis — whether they could operate the device under pressure, in a galley, with carts blocking the aisle — is a separate matter the court declined to treat as grounds for liability.
What the court did treat as grounds for liability is the equipment itself. Federal regulations under 14 CFR Part 121 require commercial passenger aircraft to carry approved AEDs, properly labeled, regularly inspected, and maintained to perform according to manufacturer specifications. If that device failed — if it advised CPR when it should have delivered a shock — that failure is potentially an external event that caused or contributed to a passenger’s death. That is the question now headed to a jury.
| Date | Event | Legal significance |
|---|---|---|
| 2022 | Kevin Greenidge, 14, suffers cardiac arrest on American Airlines flight from Honduras; flight diverts to Cancun; Greenidge pronounced dead at hospital | Originating incident; family files suit under Montreal Convention |
| Prior to May 2026 | District court dismisses case, including AED malfunction claim | Lower court found no qualifying “accident” under treaty |
| May 14, 2026 | Fifth Circuit reverses dismissal of AED claim; crew-response claims remain dismissed | AED malfunction question reinstated as triable factual dispute |
| Pending | Case remanded to U.S. District Court, Northern District of Texas (Fort Worth) | Discovery on AED maintenance records, crew training logs, and device data expected to proceed |
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Why equipment records — not crew performance — are now the legal battleground
The regulatory architecture here is worth understanding, because it shapes what “airline accountability” actually means in practice.
The FAA has jurisdiction over U.S. Part 121 carriers — the category covering American Airlines and all major U.S. commercial operators. The agency’s rules require AEDs on passenger aircraft, mandate regular inspection, and require crew training on their use. Crucially, the FAA has not issued any enforcement action or penalty against American Airlines in connection with this incident. This is civil litigation, not a regulatory proceeding. Compliance is judged through maintenance logs, training records, and inspection documentation — and those are exactly the records a plaintiff’s legal team will now seek in discovery.
That distinction matters. An airline can be in full FAA compliance on paper while a device malfunctions in practice. The court’s ruling essentially says: the paper trail is not the whole story.
This case also sits alongside a broader pattern of American Airlines facing federal scrutiny over passenger treatment — including a separate federal lawsuit filed in April 2026 alleging the carrier discriminated against a deaf passenger’s family. The legal pressure is accumulating from multiple directions.
Steps to protect yourself if a medical emergency happens on your flight
International flights from Central America to the U.S. — routes where diversions to nearby airports like Cancun can occur — are not the only exposure here. Any international itinerary governed by the Montreal Convention carries the same legal framework.
- Speak up immediately and loudly. If you or a travel companion experiences a medical event, alert crew verbally and clearly. Do not wait for a flight attendant to notice. Ask them to document the time and their response actions.
- Request the AED be brought out and ask if it is functioning. You have the right to ask crew to use onboard medical equipment. If a medically trained passenger is on board, ask crew to make an announcement — this is standard procedure and you can prompt it yourself.
- Note the aircraft tail number and flight number. If you later need to pursue a claim, the specific aircraft’s maintenance and inspection records are central evidence. Tail numbers appear on the exterior of the aircraft and sometimes on boarding documentation.
- Preserve all documentation. Medical records from any diversion hospital, witness contact information, and any written communication from the airline after the event are all potentially relevant to a Montreal Convention claim.
- Understand the legal framework before filing. U.S. DOT passenger-rights rules do not provide fixed compensation for in-flight medical emergencies. Recovery comes through litigation. An attorney familiar with international aviation law and the Montreal Convention is essential — not optional.
Watch: The Fort Worth district court’s scheduling order — expected within the coming months — will signal whether discovery on AED maintenance records and crew training logs is moving forward. Separately, any FAA advisory clarifying AED inspection or training standards would have immediate implications for every U.S. Part 121 carrier.
Questions? Answers.
What is the Montreal Convention and why does it govern this case?
The Montreal Convention is an international treaty that sets the legal framework for passenger injury and death claims on international flights. It applies when a flight crosses international borders — as this Honduras-to-New York routing did. Under the treaty, an airline is liable only if the harm resulted from an “accident,” defined as an unexpected or unusual event external to the passenger. That definition is why crew confusion and delayed response were dismissed as grounds for liability, while a potentially malfunctioning AED — an external device — remains a live claim.
Does this ruling mean American Airlines was found responsible for Kevin Greenidge’s death?
No. The Fifth Circuit’s ruling did not determine liability. It reversed the lower court’s dismissal of the AED malfunction claim, meaning that specific question — whether the defibrillator functioned properly — can now be examined by a jury. American Airlines maintains the device worked and recorded a shock. Four witnesses, including medical professionals who assisted during the emergency, testified no shock was delivered. A jury will weigh those competing accounts.
Are airlines required to have working defibrillators on all flights?
Yes, for U.S. commercial passenger aircraft operating under 14 CFR Part 121. FAA regulations require approved AEDs to be carried onboard, properly labeled, regularly inspected, and maintained to manufacturer specifications. Crew must also be trained on their use. The regulation applies to American Airlines and all major U.S. carriers. Whether a specific device on a specific flight met that standard is precisely what this case will now examine.
What compensation is available if a passenger dies or is seriously injured during an in-flight medical emergency?
U.S. DOT passenger-rights rules do not provide fixed compensation for in-flight medical emergencies or alleged onboard negligence. EU261, UK261, and Canada’s APPR compensation frameworks apply to delays, cancellations, and denied boarding — not medical incidents. Recovery in cases like this comes through litigation under the Montreal Convention for international flights, or through insurance and state-law claims where federal law does not preempt them. Legal representation with international aviation experience is essential.