Nathaniel Foster, a 21-year-old college student, was injured after flying to Louisiana with his family.

On Feb. 8, 2019, Nathaniel “NJ” Foster Jr., then a 21-year-old quadriplegic college student relying on a ventilator, traveled on two United Airlines flights with his family, from San Francisco to Houston and then to Monroe, Louisiana. 

Upon arriving in Monroe, the family claims that NJ was mishandled by airline staff while deplaning on an aisle wheelchair, a process that led to his breathing tube becoming dislodged. When NJ stopped breathing, paramedics were called and he was resuscitated, but not before he had sustained a catastrophic brain injury that left him in a persistent vegetative state. 

The Foster family sued United Airlines and its contractors in federal court, claiming that the carrier had acted negligently and with disregard for NJ’s safety. In a press release prior to the trial, the Fosters’ attorney, Jessica Juarez, stated that “[a]irlines and their contractors must do better to ensure safe and equal access to travel for all passengers with a disability requesting assistance.” 

On Monday, an eight-person jury was assembled, and the trial commenced in the U.S. District Court for the Northern District of California in San Francisco. Attorneys for the Foster family and the defendants made their opening arguments, and video testimony was heard from Rachel White, the flight attendant who had worked on the family’s 2019 United Express flight. 

In her testimony, White noted that “six to eight” staff members had helped NJ onto the airplane in Houston, a fact she reported sharing with the gate agent in Monroe. The same number of people were not available to assist at the smaller regional airport, and NJ’s father stepped in to help with his transfer. White said she saw NJ “was sliding down” the aisle chair and leaning “on the flight deck door,” requiring that he be propped back up on the aisle chair. 

White testified that when NJ was pushed into the jet bridge she heard NJ’s father calling his name, but “didn’t hear any response from him.” She saw NJ “looking up at his dad and trying to say something,” but “no words were coming out.” 

Proceedings resumed on Tuesday, but no further testimony was heard, as the Foster family and United Airlines reached a settlement agreement. Federal Judge James Donato reviewed and approved the settlement, and the jury was dismissed. The details of the settle were protected by a confidentiality agreement between the parties. On Aug. 23, Reuters reported that the total settlement amount was $30 million.

Nathaniel Foster Sr., father of NJ Foster, said that he hopes to use the settlement to place NJ in a specialized facility that can offer a higher standard of care and rehabilitation. The family agreed that 50% of the settlement amount would be reserved for NJ’s care through his conservatorship. 

Responding to a request for comment, a United Airlines spokesperson said, “Our top priority is to provide a safe journey for all our customers, especially those who require additional assistance or the use of a wheelchair.” 

The Foster family’s case against United Airlines serves as an important reminder that airline travel remains far from accessible for disabled people. What was a routine journey for the nondisabled passengers on NJ’s flight became a heartbreaking, life-altering one for a young passenger with a disability and his family. As travelers, airlines and regulators reflect on NJ’s story, it is imperative that improvements be made to ensure the safety, dignity and well-being of disabled airline passengers. 

John Morris is the founder of wheelchairtravel.org and an advocate and thought leader in the accessible travel industry. For more on how you can advocate for safer air travel for wheelchair users, visit United Spinal Association’s Air Travel Action Alert.