Montreal Convention – PTSD Is Not Compensable . . . Or Is It?

An Australian nurse was recently awarded a $5 million verdict after she developed post-traumatic stress disorder (PTSD) following the crash of a medevac flight into the ocean, at night, and in rough seas.  This award would normally not be noteworthy, as a person who suffers a mental injury while within the zone-of danger during a life threatening accident such as this, can normally recover for mental distress, even if they ultimately escape without any serious physical injuries.  The difference here is that the flight in question was an international flight governed by the Montreal Convention.

Under the Montreal Convention, and its predecessor, the Warsaw Convention, the types of damages that a passenger can recover are strictly limited.  Passengers can only receive compensation for "dommage survenu en cas de ... lésion corporelle," or damages arising from a bodily injury.  As a result, courts in the United States have permitted recover for pain and suffering from a