MELVILLE, N.Y. (CBS) ― A Long Island mother claims American Airlines put her son in danger on a cross-country trip. That's because the 4-year-old boy is allergic to something passengers receive on almost every flight.
Ryahn Khan has a life-threatening allergy to nuts. His mom is an ophthalmologist, his dad a surgeon. They always travel with emergency medication should Ryahn go into Anaphylactic Shock: suffocation triggered by airborne peanut or tree nut dust.
And that is why they claim they made it clear to American Airlines, when making their reservations that their son and peanuts shouldn't mix.
"I was told at the gate prior to boarding that there would be no nuts served on the plane by a gate agent who had checked the computer screen," Dr. Tehmina Haque said.
It's a long flight from Kennedy International Airport to Los Angeles at 35,000 feet up. Ryahn's parents had travelled with him previously on other airlines, they said, where announcements were made and flyers posted, informing passengers to take reasonable precautions to keep nuts off the flights.
"An allergy to nuts, whether peanuts, tree nuts or any type of nuts has been deemed a disability under the FAA regulations and federal code," attorney Kenneth Mollins said.
An excerpt from the lawsuit reads: "...plaintiff's son who has a severe life threatening tree nut and peanut allergy is considered disabled under the Air Carrier Access Act, and must be afforded the ability to travel comfortably."
They are suing because they say their son's civil rights were violated by flight attendants.
"She was loud, sarcastic, belittling, and pretty much said: 'I do not care what you have been told up to now. I will be serving nuts in the main cabin,'" Haque said.
Nuts were sold to passengers in the main cabin, served warm -- for free -- in first class she says.
American says they try to accommodate all passenger requests, but there are no absolutes. They have no control over other passengers.
"...We cannot guarantee customers will not be exposed to peanuts during flight and strongly encourage customers to prepare for the possibility of exposure."
"I think they put a dollar value on my son's life," Haque said.
She says the airline took a risk selling the nuts, but admits Ryahn did not get sick from the exposure.
Ryahn's parents and their lawyer say if they win the peanut lawsuit every penny will be donated to The Food Allergy and Anaphylaxis Network.
American says the company does have a peanut policy which is posted on its Web site.
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