Debacle on Delta Flight

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Aug 16, 2018
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#1
On July 31st I flew a leg of my jouney on Delta from Amsterdam to Atlanta on Delta One. I was accompanied by two custodial granddaughters and their Aunt. We were supposed to be in same row but they put me in front of my 9 year old granddaughter. I had 4 glasses of wine in 3 hours. I fell asleep and awoke to the steward holding a pill in his hand and stating my granddaughter had an allergic reaction. This was because, while asleep, he servedher a sundae with peanuts under the whipped cream. She had told him no thank you when asked if she wanted peanuts.I went back to sleep, and when i awoke I asked for a glass of wine. The steward said "No, you have had 10 already"'. I was totally incensed by his accusation. A while later the stewardess came by and I asked for a glass of wine, again the same 10 drink accusation.When at home Ityped this 10 drink scenerio into a BAC calculator and it said I would have been .25! When she denied me the drnkIasked tosee alist. Asa former educator I found it hard tobelieve she was keeping track of all drinksfor40 passengers. She stormed off. Later she accused me of calling her a communist! Next pass by I asked for the list, FAA Guidelines or an officer to speak to. She said FAA Guidelines were not to be given to public. I said they are public! Later she cametomeand told me she was an MP in the military. I took this as a threat but remained calmand replied Well you weren't essential personnel were you? I was when I was in aviation weather. Four hours before endof flight she said security would be waitingfor me at gate,I said OK flatly. At no time did I get out of my bed or as profane. When I deplaned security was there and I walked up to them with my palms up and wrists together and asked what crime I was being charged with. He told me tobe quiet and stand aside. Two Border Patrol spoke to the irrate stewardess for a good 5 to10 minutes. My granddaughters and daughter saw the initial encounter and I told Kim to take the children away and get on next flight. Border Patrol said to follow them and againI asked what crime am I being charged with. They said I was not beingcharged but had to answer some customs questions. They escorted me behind the customs area where all passengers eyes were upon me like I was a drug mule or some other criminal. They processed me out and I went to find water as I would not engage stewardess after she told me security was coming. Duringthe flight the stewardess slandered me to my daughter who then texted my husband on ground at home where he promptly freaked out thinking plane would be diverted.
I wrote Delta and spoke several times to different Highly Valued Customer Agents. The bottom line is they violated my 1st and 4th Amendment Rights and offered me 300 dollar gift cards as an apology. It is a very paltry sum for a set of 12,000 tickets.
I thought about going to a lawyer but then found your website. Can anyone advise on this unfortunate situation?
 
Apr 3, 2016
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#2
I do not see how any of your rights were violated. I would take the $300 gift card. If you want more, You could write to the Delta contacts on this website and ask for what you want (do not use accusatory language or mention rights being violated if you want to be taken seriously).
 
Jun 30, 2017
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Maui Hawaii
#3
On July 31st I flew a leg of my jouney on Delta from Amsterdam to Atlanta on Delta One. I was accompanied by two custodial granddaughters and their Aunt. We were supposed to be in same row but they put me in front of my 9 year old granddaughter. I had 4 glasses of wine in 3 hours. I fell asleep and awoke to the steward holding a pill in his hand and stating my granddaughter had an allergic reaction. This was because, while asleep, he servedher a sundae with peanuts under the whipped cream. She had told him no thank you when asked if she wanted peanuts.I went back to sleep, and when i awoke I asked for a glass of wine. The steward said "No, you have had 10 already"'. I was totally incensed by his accusation. A while later the stewardess came by and I asked for a glass of wine, again the same 10 drink accusation.When at home Ityped this 10 drink scenerio into a BAC calculator and it said I would have been .25! When she denied me the drnkIasked tosee alist. Asa former educator I found it hard tobelieve she was keeping track of all drinksfor40 passengers. She stormed off. Later she accused me of calling her a communist! Next pass by I asked for the list, FAA Guidelines or an officer to speak to. She said FAA Guidelines were not to be given to public. I said they are public! Later she cametomeand told me she was an MP in the military. I took this as a threat but remained calmand replied Well you weren't essential personnel were you? I was when I was in aviation weather. Four hours before endof flight she said security would be waitingfor me at gate,I said OK flatly. At no time did I get out of my bed or as profane. When I deplaned security was there and I walked up to them with my palms up and wrists together and asked what crime I was being charged with. He told me tobe quiet and stand aside. Two Border Patrol spoke to the irrate stewardess for a good 5 to10 minutes. My granddaughters and daughter saw the initial encounter and I told Kim to take the children away and get on next flight. Border Patrol said to follow them and againI asked what crime am I being charged with. They said I was not beingcharged but had to answer some customs questions. They escorted me behind the customs area where all passengers eyes were upon me like I was a drug mule or some other criminal. They processed me out and I went to find water as I would not engage stewardess after she told me security was coming. Duringthe flight the stewardess slandered me to my daughter who then texted my husband on ground at home where he promptly freaked out thinking plane would be diverted.
I wrote Delta and spoke several times to different Highly Valued Customer Agents. The bottom line is they violated my 1st and 4th Amendment Rights and offered me 300 dollar gift cards as an apology. It is a very paltry sum for a set of 12,000 tickets.
I thought about going to a lawyer but then found your website. Can anyone advise on this unfortunate situation?
Does your granddaughter have a pre-existing, known peanut allergy? If she does, the fact that a flight attendant served her peanuts is a major problem that should be addressed as far up the chain as needed. If the allergic reaction was a first-time event, then there is not much you can do about it.

If your granddaughter has a known peanut allergy, she should travel with a card that states this and she should provide the card to anyone who tries to serve her food.

A peanut allergic reaction at 35,000' over the ocean (or on any flight) is a serious and potentially fatal event.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
13,450
13,077
113
New York
www.promalvacations.com
#4
The FA's keep inventory on exactly how many drinks each customer is served because that has to be reported to the airline. The airline uses those numbers to determine if there was still profit made by offering free drinks in that ticket class. So if she said you drank that much - I would tend to believe her. They can pull those numbers and tell you how many drinks every single passenger in first class had.

Were you the one who was supposed to be supervising the kids? You could have switched seats with the Aunt so you could have sat with your granddaughter.
What does this mean -" When she denied me the drnkIasked tosee alist". An FA is allowed to refuse to serve you. Since you may have been so soundly asleep that the kids apparently may have not been supervised properly, she was within her rights to not serve you anymore. You said the FA woke you to tell you about the pill. You must have been in a very sound sleep if you weren't aware of any type of commotion that caused the crew to find meds for the child. Are you sure you didn't order more wine and were not even aware thay you ordered?

As far as the peanut issue - you said your daughter was the other responsible adult with the kids. Why didn't she watch what the child ate?

We have a grandson with a peanut allergy and at 4 years old he knew to say no nuts but we are the ones when he is with us that have to question anything he’s given to eat whatever we go. He gets nothing if it is not packaged where we can read the ingredients to know if there are any type of nuts or if the food was made in a plant that processes food with nuts.

The peanut allergy is what you should focus on because that’s a huge issue.

I agree with Razilo- your rights weren’t violated and whoever responsible for supervising the child should have ensured that she did not eat the nuts.

This should be about training of the staff.
 
Sep 19, 2015
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#5
I am sorry I am having problems understanding the post.

First of all, there is no violation of your first amendment rights -- the first amendment refers to the Government banning or suppressing free speech.
Delta is a private business; they can stop people from yelling swear words, political rants, anything that they find objectionable.

As for your fourth amendment rights, Delta did not search you or seize anything, They made a complaint to the law enforcement, who investigated. Federal regulations permit CBP to investigate. CBP has the authority to detain and question anyone entering the country. Immigration and Nationality Act 287(a)(3) and also
8 U.S.C. Title 8 - ALIENS AND NATIONALITY CHAPTER 12 - IMMIGRATION AND NATIONALITY SUBCHAPTER II - IMMIGRATION Part IX - Miscellaneous Sec. 1357

As to drinking alcohol on a flight, flight attendants are allowed to refuse to serve someone they think has had enough alcohol. If all one is asking for is wine, even after a child has an allergic reaction, may have made the FA decide not to serve more -- it can be one drink, or ten, they can deny service.

As to FAA regulations, I am not sure what you were asking for. No flight attendant carries the entire set of FAA regulations on them. They carry a flight manual, and other internal company documents, and company documents are not public.

Was anyone watching the child with the allergy? So it was a mild reaction that only took a pill? Where was the Aunt?

You certainly are free to contact an attorney if you so desire.

I do not think the airline will do anything further for you, and think you should take the compensation. If you write and ask for more leave out the 1st and 4th amendments as you are incorrect.
 
Apr 10, 2017
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#6
If you do contact Delta again you shouldn't mention anything about an attorney.

Does your granddaughter carry an Epi pen with her? She is fortunate that a pill worked for her. In many cases these reactions can be life threatening and a pill would never work quickly enough.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
13,450
13,077
113
New York
www.promalvacations.com
#7
If you do contact Delta again you shouldn't mention anything about an attorney.

Does your granddaughter carry an Epi pen with her? She is fortunate that a pill worked for her. In many cases these reactions can be life threatening and a pill would never work quickly enough.
ADM is absolutely right. If you tell them you are contacting an attorney they will not answer you anymore and probably rescind the offer they made.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
13,450
13,077
113
New York
www.promalvacations.com
#9
So she had no reaction?

But still - who was supervising her? You started this about her allergy and it became about you and not being allowed any more wine.

Now it’s not a big deal that she was served peanuts?

I would recommend you drop this and take what they offered. There are no violations of any amendments.

They could end up making it about supervision of the kids and you don’t want to go down that road if you are the custodians if minors.

Really - consider the ramifications here.
 
Last edited:
Aug 16, 2018
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#10
So she had no reaction?

But still - who was supervising her? You started this about her allergy and it became about you and not being allowed any more wine.

Now it’s not a big deal that she was served peanuts?

I would recommend you drop this and take what they offered. There are no violations of any amendments.

They could end up making it about supervision of the kids and you don’t want to go down that road if you are the custodians if minors.

Really - consider the ramifications here.
I appreciate the answers but I believe this situation was a ruse to cover up them giving her peanut. I did not tell or say anything offensive. She misheard me when I asked for a list and thought I called her a communist which I have never called anyone in my life. It wasn't about the wine it was about accusing me of having 10 glasses which was not true. I awoke they did not wake me. A parent or guardian is allowed to sleep the children are 9 and 14 not toddlers. If they had been honest and said you had enough that would have been fine. I do not approve of lying to a customer. Not only that but FAA REGS state like a bartender they would be responsible for serving that much alcohol to anyone. I had an arduous trip and was exhausted. I have flown air France and found it exceptional. I will stick with them as I found the American fas to be crude, and uncivil. But that is the way it is going in society I taught for 20 years in public high schools and saw what was coming as parents and children were always defensive about their misdeeds. My husband and I have been involved in aviation most of our lives. My husband forecasted for the shuttle, SR71, was an IG for the Air Force and did aircraft investigation boards. We have been in the upper eschelon of aviation and never have I or my husband ever were rude or abusive of our positions. A Delta pilot heard me talking in lounge after incident and he thought it totally unacceptable behavior for fas. Thanks for your replies but I respectfully disagree as to the callousness shown to me by the fas and they need retraining on customer service. But I am sure with this forum you are aware of this.
I consider this a closed matter now.
 
Likes: agnostic

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
13,450
13,077
113
New York
www.promalvacations.com
#11
Have you used our company contacts to escalate this to the Executives at the airline? I would reword the complaint because it is very confusing and send it to the Executives. We have information on the bottom of our company contacts on how to write.
 
Aug 16, 2018
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#12
Have you used our company contacts to escalate this to the Executives at the airline? I would reword the complaint because it is very confusing and send it to the Executives. We have information on the bottom of our company contacts on how to write.
I wrote them a fully detailed letter the forum letter was abreviated . I believe I was slandered and do not believe I lose my civil rights when entering a store or an airplane. If you did lose your rights they could do anything they want to. Again I have resolved my self that there is no real resolution to incivility it is pervasive.
 
Likes: agnostic
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