A JetBlue passenger who was in remission for stage 4 cancer and who had no detectable levels of cancer in her body says her cancer returned shortly after a run-in with a flight attendant over her small emotional support animal.
Oksana Kiritchenko is suing JetBlue in a Los Angeles district court for a slew of allegations, including negligence and violating the Americans with Disabilities Act, after she was booted from her flight in September 2023.
The elderly cancer survivor, who was also traveling with her disabled 72-year-old husband, says they were stranded in Florida overnight after JetBlue had them deplaned from a California-bound flight due to the fracas with the flight attendant.
Oksana and her husband were hoping to fly with JetBlue from Fort Lauderdale to Los Angeles on September 2, 2023, following an uneventful outbound flight with their French bulldog Pier, who only weighs 23 lbs.
But according to recently filed court documents, things didn’t get off to a good start when they arrived at the gate to find the gate agent questioning whether they were allowed onboard with Pier.
Oksana says she had already submitted the requisite paperwork to be allowed to travel with Pier as a service animal and had bought a pet carrier specifically for this trip.
That paperwork and the pet carrier hadn’t been questioned on the outbound flight to Florida, but on their return flight, Oksana says she and her husband were made to wait around while the gate agents checked whether their travel could be accommodated.
Fearing that they may be offloaded from the flight, Oksana says the pair stood at the podium for a prolonged amount of time despite the fact that her husband struggles to stand up due to implants in his spine and was in pain as they waited for the travel to be confirmed.
To be allowed to fly, Oksana says JetBlue made her forfeit her First Class seat that she had paid for and travel in Economy so that Pier could fit underneath the seat in front.
Oksana accepted the compromise and boarded the plane but as the plane was taxiing to the runway for takeoff, she claims a flight attendant demanded that Pier be transferred from his own pet carrier to an airline-provided bag that was much smaller.
Unfortunately, Pier didn’t fit in the bag that the flight attendant was demanding be placed in so the plane returned to the gate and the couple were “ousted” from the flight.
No other flights were available to get the Oksana, her husband and her dog to Los Angeles the same night so they ended up staying overnight and eventually caught a flight the following morning from Miami International Airport with Delta Air Lines.
“Both plaintiffs were subjected to an unexplainable level of cruel humiliation and ridicule,” the complaint against JetBlue alleges.
“Mrs. Kiritchenko, although a Stage-4 cancer patient, had been in remission prior the events described,” the complaint continues. “Those events caused Mrs. Kiritchenko an extreme amount of stress.”
“Upon arrival home, she checked in to Cedars-Sinai Medical Center hospital in Los Angeles. The test results had shown the mean tumor molecules levers (“MTM/ml”) had risen to 0.59. Several prior tests were showing test results at 0.00.”
The lawsuit alleges that JetBlue was negligent in its duty of care to the Kiritchenko and that the airline violated its duties under the Air Carrier Access Act and the Americans With Disabilities Act.
JetBlue did not immediately respond to a request for comment.
People as disgusting. Her cancer returning had zero to do with her dog. Give me a break. I hope the case is dismissed with prejudice.
It is very sad to hear about this person’s cancer returning. However this would certainly not have been caused by stress. rather shameful to try to make a claim based on this assumption. I’m a Registered Nurse and find it really distasteful that someone would try to weaponize their illness in such a manner.
Delta cancelled my flight. Shortly afterwards, my vacuum cleaner at home didn’t work as well. I should be entitled to money.
People making light of this should stop. This is a service dog owners nightmare scenario. To be flown somewhere and have the airline refuse to return them home afterwards.
Airlines are not perfect and flight attendants can be wrong on occasion like anyone else. But this singling out of service dogs while ignoring loud children and insisting on selling alcohol in flight and numerous other short comings by the industry stinks. Perhaps the industry should consider their own environmental impact and that of travel in general if they need something to grouse about.
I won’t fly at all anymore. Last time I flew the plane didn’t even have on board entertainment (Alaska). They wanted me to stare at my cellphone the whole flight. That’s pathetic.
If you will reread the article, it was not a service dog, but an emotional support dog. The dog then has to be subject to the regular regulations for dogs to be transported. That includes fitting into a carrier of a specific size. That size is noted on the airlines website. It sounds like they were using a carrier that exceeded those Demi ensigns. The one provided by the airline would meet the required demensions, but the dog would not fit in it. Emotional support dogs do not have the same rights as service dogs. They are 2 entirely different things.
An emotional support dog is not a service dog. Period. None of the ADA protections apply to this dog.
Cancer is no joking matter. That said, trying to use cancer as some sort of a ‘get rich quick’ scheme isn’t right either. Obviously, there’s no way that a bad experience on a flight will make your Stage 4 cancer return. It’s a lie. She may be suffering at the stage, but it’s not JetBlue’s fault and they shouldn’t pay her one dime.
Bulls**t! Some oncologist explain exactly HOW the dog and the cancer are related. Her husband could have sat down if he needed to. This goes to a “deep pockets” lawsuit. Now, there are requirements for onboard service animals or pets. Sometimes it depends on the aircraft. EVERYONE who wants to travel with an animal, service or otherwise, MUST READ THE CONTRACT OF CARRIAGE for the airline. Do not rely on a verbal from a reservation, gate agent or flight attendant. Print it out if necessary. Some pet carriers might NOT be certified as specified by the contract of carriage. Caveat emptor!
Yes Her animal was an emotional support dog, not a service dog. They are 2 completely different things. The laws that apply to service dogs do not apply to emotional support animals.
Where I come from we respect older folks. We don’t pick fights with people in frail health who are in their 70’s. Especially not over nonsensical rhetorical details such as the supposed difference between a “Service Animal” and an “Emotional Support Dog.”
Airlines expect patience from their customers when planes get stuck on the tarmac or delays occur in the normal circumstances of travel. That expectation is a two way street. Passengers should not be subject to stewards and stewardesses acting like wannabe cops.
One more point. As one who has sued and prevailed in a Service Dog lawsuit I am wondering where all the self proclaimed doctors and lawyers are getting this garbage about “getting rich” and claiming a 72 year old woman with an existing serious cancer fight is lying about stress causing a remission. ADA lawsuits are about remedying a violation of one’s right to travel under the laws of our nation. It is the only legal recourse one has.
I think the bad actor is Jet Blue. If they can’t transport a couple in their 70’s with a french bulldog they need to reconsider their viability as an ongoing enterprise.
Being that I am in the airline business, I know the difference and stated “animal, service or otherwise”. An “emotional support dog” is an animal. Both are subject to the contract of carriage. Granted, a service dog has an ADA law behind it but that is so stated in the contract of carriage. I wasn’t aboard this flight BUT warm blooded animals must be in a FAA certified carrier that must be able to fit under the seat. IF (and I doubt that you were on the flight either) that carrier is NOT approved, then the airline has the obligation to place the animal in an approved carrier. Most people are ignorant of the rules about carrying an animal in the cabin. They don’t read past the “options” on seat pricing and/or amenities. They just book the flight. It is not the airline’s obligation to make the animal carrying passenger aware of these rules. One doesn’t show up to the gate with an animal and hop aboard.