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A California woman whose Stage 4 cancer had been in remission claims the disease returned following a spat with a flight attendant over her emotional support animal.
In a federal lawsuit obtained by The Independent, 51-year-old Oksana Kiritchenko says her health took a discomfiting turn for the worse after she and her elderly husband were subjected to “an unexplainable level of cruel humiliation and ridicule” by a JetBlue crewmember who refused to let Pier, a 23-pound french bulldog, sit with them in first class.
The dust-up forced the plane to turn around and return to the terminal, where the mortified Kiritchenkos were removed from the aircraft, according to the complaint.
It says the couple’s “federally protected right to be accompanied on the flight with their service animal was violated” by JetBlue, which had warmly welcomed Pier aboard just 11 days earlier.
In an email on Tuesday, Kiritchenko’s attorney, Aleksandr Volkov, confirmed the details of the case but said he was unable to comment on pending litigation. JetBlue did not respond to requests for comment.
Airline passengers have boarded planes with, among other species, emotional support iguanas, peacocks, squirrels, pigs, marmosets, ducks, turkeys, boa constrictors, turtles, kangaroos, goats, spiders, and at least one emotional support hamster whose owner was allegedly forced to flush the animal down the toilet prior to takeoff. JetBlue, which once allowed dogs, cats, and miniature horses in passenger cabins as emotional support animals, has previously faced complaints from travelers who say the airline refused to let them fly with their non-human companions.
At the same time, new regulations adopted over the past several years by JetBlue and other major carriers began allowing only trained service dogs to fly with their humans, while no longer recognizing emotional support animals as service animals. (Small dogs and cats are still allowed to travel in the cabin, provided they remain in their carriers.)
The Kiritchenkos’ lawsuit can be traced back to a Florida vacation they took last fall. They paid $4,295.60 for two round-trip first-class tickets, and sent JetBlue the required “U.S. Department of Transportation Service Animal Air Transportation Form,” listing his veterinarian, trainer, and vaccination information, according to the complaint. The outbound flight from Los Angeles to Fort Lauderdale, on Sept. 2, 2023, went off without a hitch, the complaint states, noting that Pier sat happily at their feet, in a travel bag, the entire way.
The pair were “expecting to have a similar experience for their flight back [on Sept. 10, 2023], but it did not happen,” the complaint goes on.
During the pre-boarding process, a JetBlue gate agent confronted the Kiritchenkos about Pier, raising questions “on whether they could be allowed to bring their dog with them,” according to the complaint. The two offered all of their documentation to the agent, who was unmoved, it says. Peter Kiritchenko, who was 71 at the time, has a “severe disability affecting his ability to stand,” and several staples in his spine; Oksana Kiritchenko “is a Stage-4 cancer patient,” the complaint states. But even after making their health conditions known, the agent didn’t offer a wheelchair and “kept [them] standing for a very long time,” according to the complaint.
“[T]he plaintiffs were afraid to step aside without an acknowledged arrangement that they will be called back for the dog-related inquiry, in a fear that they will lose their spot in the queue,” it explains.
After a long, “stressful” wait, the JetBlue agent informed the Kiritchenkos that they would be permitted to board only if one of them gave up their first-class seat and flew with Pier in economy, the complaint continues.
“Plaintiffs had a pressing need to get back home (Mrs. Kiritchenko being a cancer patient had to be locally available in Los Angeles for her checkups), so they agreed,” the complaint states. “Plaintiffs were boarded on the plane with Mr. Kiritchenko seated in the 1st class seat and Mrs. Kiritchenko seated in… economy class with their dog in its travel bag.”
While the plane taxied to the runway for takeoff, a flight attendant handed Oksana a “much smaller” bag, and demanded that Pier be placed inside, according to the complaint.
“As the dog was unable to fit, the plane was ordered to return to the airport building and the plaintiffs were ousted from the plane,” the complaint states.
By this time, the earliest flight the Kiritchenkos could book back to L.A. didn’t leave until the next day, on Delta Air Lines, from Miami. Backed into a corner, the two bought new tickets, got to Miami, and paid for a hotel room, the complaint says.
Delta “had no issues with either the plaintiffs’ dog, or the dog’s bag,” and the Kiritchenkos finally got home.
JetBlue caused the Kiritchenkos “unneccessary monetary damages,” in addition to “an unexplainable level of cruel humiliation and ridicule. Additionally, Mr. Kiritchenko had experienced a prolonged period of pain in his spine and limited mobility following his forced extended standing at the Jetblue kiosk.”
Oksana Kiritchenko, “although a Stage-4 cancer patient, had been in remission prior [to] the events described hereinabove,” according to the complaint. “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 levels (‘MTM/ml’) had risen to 0.59. Several prior tests were showing test results at 0.00.”
The Kiritchenkos are suing JetBlue for negligence and violations of the Americans with Disabilities Act. They are demanding reimbursement for hospital and medical expenses, attorneys’ fees, and damages to be determined by a jury.
JetBlue has 21 days to formally respond to the allegations.
