Carol Madden, a Southwest Airlines flight attendant, filed a wrongful death suit against her employer earlier this year. She alleged that her employer exposed her to Covid-19 at a training session, and the company’s lax protocols and contact tracing efforts were to blame for her husband’s passing. He was diagnosed with a severe case of covid-related pneumonia.

With the help of a personal injury lawyer, Madden is seeking over $3 million in damages for her loss. Since the start of the pandemic, the airline has faced numerous complaints about improper cleaning. Safety protocols did not get enforced for passengers, nor were they applied to employees during mandatory training.

Part of her concern was the inability to get screened and tested for symptoms. Had Madden or her co-workers been checked and screened for questions about possible exposure, the circumstances may have been different. In the lawsuit, several other complaints got issued about the company, including the following:

  • Hand sanitizer did not get provided to staff
  • Shared equipment did not get cleaned properly
  • Attendees were not maintaining the government-mandated rule to remain 6 feet apart.
  • Southwest never notified training attendees that an employee tested positive after the meeting.

In the lawsuit, her attorney stated had Madden realized she had covid, she would have quarantined to prevent her husband from getting sick. The airline issued a response following her legal actions; while they recognized Madden’s loss, they failed to address the company’s negligence overall. According to thehill.com, the following was said: “The claims asserted in the complaint reflect an understandably emotional response to a devastating personal loss, but they are not actionable under the law.”

Wrongful Death Lawsuits and Covid-19
Wrongful death suits are extremely challenging to prove in court for deaths caused by the coronavirus. The biggest concern is establishing how the infection began, spread, and who encountered the plaintiff. With this being such a widespread prevalent issue, her legal team would need to create a compelling argument demonstrating how it got contracted in the workplace.

Any business or company located in the U.S. has a legal responsibility to ensure the workplace is safe for employees. That means providing protective equipment when needed and routinely sanitizing the office to prevent infections. Without doing so, Southwest breached its duty of care.

Like Madden, if your spouse or partner died from Covid, you should seek legal help from a personal injury lawyer in Los Angeles to review the details of your case and determine whether filing a wrongful death suit is appropriate. Unfortunately, many companies got away with adverse treatments during the pandemic, putting their employees at risk.