Singapore Airlines Allergy incidental on fresh York Flight Sparks Lawsuit

dailyblitz.de 6 hours ago

SINGAPORE- Singapore Airlines (SQ) flight SQ26, en route from Frankfurt Airport (FRA) to New York JFK (JFK), made an emergency landing in Paris (CDG) after a passenger suffered a severe allergic reaction due to a meal mix-up last year.

The passenger, Doreen Benary, reportedly informed the flight crew of her shellfish allergy before takeoff. However, she was still served a shrimp-containing dish, triggering a serious medical episode that required urgent intervention.

Photo: Aero Icarus | Flickr

Singapore Airlines Passenger Lawsuit

The incident took place on October 8, 2024, aboard Singapore Airlines flight SQ26. Shortly after departure from Frankfurt (FRA), Benary was served a meal that contained shrimp. Despite informing the assigned crew member about her shellfish allergy, the dish was not flagged or substituted.

Benary took a bite before realizing it contained the allergen, and symptoms appeared almost immediately.

Flight attendants responded quickly, and the pilots made the decision to divert to Paris Charles de Gaulle Airport (CDG), where emergency medical teams were on standby.

Benary was rushed to a nearby hospital for treatment, undergoing care at two different facilities before eventually continuing her journey to the United States.

According to PYOK, Benary has now filed a lawsuit in a New York district court under Articles 17 and 21 of the Montreal Convention, alleging that Singapore Airlines failed in its duty of care.

Photo: By Li Pang – http://www.airliners.net/photo/Singapore-Airlines/Boeing-777-312/2035227/L/, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=18038413

Montreal Convention’s Legal Framework

Benary’s lawsuit cites two key provisions of the Montreal Convention, a treaty governing liability in international air travel.

Article 17 makes carriers liable for bodily injury or death if the incident occurs on board or during embarkation/disembarkation.

Airlines have limited defenses under this rule and must demonstrate the injury was due to external factors, including the passenger’s own negligence or another individual’s actions, to avoid liability.

Article 21 defines compensation limits. As of December 2024, the cap is set at 151,880 Special Drawing Rights (SDR), equivalent to approximately US$214,118 (as of June 19, 2025).

SDR is a composite international reserve currency maintained by the IMF, based on a basket of major global currencies.

Photo: By byeangel from Tsingtao, China – 9V-SWP | Singapore Airlines | Boeing 777-312(ER) | PVG, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=39501767

Food Safety Aboard Flights

The US Department of Agriculture (USDA) identifies nine top allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.

International airlines are expected to account for these when preparing in-flight meals, but standards can vary significantly outside the United States.

Passengers with severe allergies are advised to:

  • Inform the crew before takeoff and request to view the full ingredient list of any meal.
  • Avoid relying solely on the printed menu; allergens may be hidden in sauces or pre-prepared items.
  • If ingredient documentation isn’t available, treat the meal as potentially unsafe.
  • Bring their own pre-packed food when possible.

While many airlines aim to accommodate allergy-related requests, procedural lapses, as allegedly seen in this case, highlight potential vulnerabilities in crew training and food handling protocols.

Photo: By Aero Icarus from Zürich, Switzerland – Singapore Airlines Boeing 777-300ER; 9V-SWK@ZRH;20.07.2007/479cz, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=27844410

Moving Forward

The legal outcome of this case may influence broader industry practices surrounding allergen awareness, documentation, and crew accountability. It also underscores the need for passengers with life-threatening conditions to remain vigilant, even on reputed full-service carriers.

The aviation industry may face increasing pressure to standardize food allergy safety protocols internationally, ensuring consistent protection for travelers regardless of the airline or departure point.

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