A group of Canadians who were on the same flight as a tuberculosis-infected American man last May launched a civil lawsuit against him in a Montreal court Thursday.
The plaintiffs, including five Montrealers, two Ottawa residents and two Czech citizens, are seeking a total of $1.4 million in damages from Andrew Speaker, a 31-year-old lawyer from Atlanta.
Speaker was diagnosed with what is called extensively drug resistant TB (XDR-TB) -- a multiple-drug resistant form of tuberculosis. His doctors have recently stated that subsequent testing has shown only the less-dangerous, multi-drug resistant TB.
Despite being told to turn himself in to a clinic in Europe, Speaker took Czech Airlines flight 0104 on May 24 from Prague to Montreal. From there, he drove into the United States.
Montreal lawyer Anlac Nguyen told CTV.ca he is representing eight passengers on the flight and a ninth person who is related to one of the passengers, but was not on the plane.
"We are representing two Czech ladies and seven Canadian citizens and permanent residents," said Nguyen.
"These are individuals with different backgrounds and different health claims, so they claim different amounts."
Nguyen said one of the plaintiffs -- a 72-year-old Montreal-area man -- has tested positive for TB. But he added it's unclear if the case is connected to the flight.
The principal plaintiff is Nassim Tabri, a student who is suing for $142,000. He was sitting in the row ahead of Speaker.
Tabri told media he felt betrayed and afraid when he found out he had sat so close to the infected passenger.
"It's been very stressful, I was very shocked,'' Tabri said at the Quebec Superior Court.
"I felt helpless, I felt violated, I could not fathom the repercussions of what happened.''
Tabri, a graduate student in social studies at Concordia University, has had to cancel a trip to Lebanon. Other trips for research in his master's thesis are on hold, he said.
"What was going through his head?'' Tabri said. "This is very reckless, selfish and completely unnecessary. We have to punish him for that. There has to be an example set.''
Nguyen said Tabri can't get definitive confirmation as to when he can travel out of Canada again.
Tabri's brother is also named in the lawsuit, suing for $30,000.
"He lives in the same apartment with his brother so when it was found out that his brother might have the chance to catch the deadly disease he thought that he was going to be in the same boat," said Nguyen.
"I do agree this is a little far fetched claim, but he feels strongly about it so we are obliged to put him on the list."
The lawyer also said all the plaintiffs have faced fear, isolation and loss of income since the flight.
In court documents, one 72-year-old passenger describes being isolated from his children and grandchildren since the Prague-Montreal flight.
Two sisters from the Czech Republic, also seniors, are suing for $100,000.
"They are not working, they are retired people so they cannot really claim much for lost opportunities," said Nguyen.
Once the motion is filed Thursday, Speaker will have 10 days to respond. Instead of appearing in person, Speaker will most likely be represented by a Quebec lawyer, said Nguyen.
There are a total of 29 passengers who were on the flight from Prague that are being monitored as health risks.
Speaker remained in isolation in Denver when the lawsuit was filed.
With files from The Canadian Press
