Inside the Qatar Airways Tragedy and Karen Read Wrongful Death Case

Inside the Qatar Airways Tragedy and Karen Read Wrongful Death Case

In the United States, wrongful death lawsuits represent some of the most complex and emotionally charged matters in civil law.

These cases arise when a person’s death is allegedly caused by the negligence, recklessness, or misconduct of another individual or entity, whether a corporation, airline, driver, or medical professional.

Beyond the legal framework, such lawsuits often bring profound human stories into the courtroom, forcing judges and juries to confront a difficult question: Could this death have been prevented?

Two recent cases , one involving the death of an 85-year-old cardiologist aboard a Qatar Airways flight, and another centered on the aftermath of Boston police officer John O’Keefe’s death, underscore how differently wrongful death law can apply depending on the circumstances, evidence, and scope of alleged negligence.

The Qatar Airways Case: When Airline Negligence Turns Fatal

The family of Dr. Asoka Jayaweera, an 85-year-old cardiologist from California, has filed a wrongful death lawsuit against Qatar Airways, claiming that the airline’s negligence directly led to his death on board a long-haul flight from Los Angeles to Colombo in June 2023.

According to court documents filed July 31, 2024, in California state court, Dr. Jayaweera - a strict vegetarian had ordered a vegetarian meal for the 15½-hour journey.

But after boarding, he was told there were no vegetarian meals left, and a flight attendant instead offered him a regular meal containing meat.

The lawsuit alleges that crew members instructed him to simply “eat around” the meat.

Moments later, Dr. Jayaweera began choking.

Cabin crew attempted to assist, contacting MedAire, a service connecting flight attendants with ER doctors via radio, but the pilot did not attempt an emergency landing, claiming the aircraft was over the Arctic Circle.

However, the family disputes this. According to the complaint, the plane was actually flying over the Midwest, meaning an emergency landing could have been made in a U.S. city.

Dr. Jayaweera’s oxygen levels fell to a dangerously low 69 percent, and despite being administered oxygen and medication, he never regained consciousness.

The plane continued its flight to Edinburgh, Scotland, where he was taken to a hospital upon landing, three and a half hours later.

He was pronounced dead on August 3, 2023, from aspiration pneumonia, caused by inhaling food into his lungs.

His son, Surya Jayaweera, has since sued Qatar Airways for negligence and wrongful death, alleging multiple failures from the lack of vegetarian meals to the failure to divert the aircraft in time to save his father’s life.

The lawsuit also challenges the liability limits set by the Montreal Convention, an international treaty that caps the amount of compensation passengers’ families can claim for deaths occurring aboard international flights.

The family is seeking damages beyond those limits, along with legal fees and pre-judgment interest.

This case is expected to test how far U.S. courts can go in holding international carriers accountable for onboard negligence, especially when deaths occur mid-flight.

The Karen Read Case: When Acquittal Doesn’t End the Legal Battle

In Massachusetts, another high-profile case underscores how wrongful death lawsuits can continue even after a criminal trial ends.

Karen Read, 45, who was acquitted in June 2024 of murder and manslaughter charges in the death of her boyfriend, Boston police officer John O’Keefe, is still facing a civil wrongful death lawsuit filed by O’Keefe’s family.

O’Keefe died in January 2022 after what prosecutors claimed was a drunken hit-and-run, but Read’s defense argued she was the victim of a law enforcement cover-up.

Her acquittal on criminal charges didn’t end the legal drama - instead, the case has shifted into civil court, where the standards for proving liability are far lower.

On Friday, Plymouth Superior Court Judge Daniel O’Shea ruled that the O’Keefe family’s lawsuit could mostly proceed, allowing claims for intentional and reckless infliction of emotional distress to move forward, though he dismissed one count of negligent infliction of emotional distress relating to O’Keefe’s teenage niece.

The teen, who lived with O’Keefe and Read, testified that Read woke her “in a panic” the morning O’Keefe died, frantically asking, “Could I have done something? Maybe I hit him?”

Judge O’Shea found that it could be inferred Read knew the girl, who had already lost both parents, would be especially vulnerable to emotional trauma caused by O’Keefe’s death.

However, he ruled that the negligent infliction claim did not meet the necessary threshold of proof.

The O’Keefe parents and brother are also pursuing their own emotional distress claims, as they arrived at the hospital shortly after his death and saw his injuries firsthand a key factor in determining eligibility for such claims under Massachusetts law.

The family’s wrongful death suit also targets two bars where Read and O’Keefe were drinking before the fatal night, arguing that they continued to serve alcohol to visibly intoxicated patrons.

The next court date for the civil case is set for November 21, 2025, and could reignite a case that has already captured national attention, raising questions about how far civil courts should go in revisiting cases where criminal juries have already rendered a verdict.

Understanding Wrongful Death Lawsuits

A wrongful death lawsuit allows surviving family members to seek compensation when someone’s death is caused by another’s negligence or misconduct. These suits can be brought against individuals, corporations, or even government agencies.

Common types of wrongful death cases include:

• Medical malpractice, such as surgical or medication errors

• Automobile accidents involving reckless or drunk driving

• Workplace negligence

• Product liability, where a defective product causes death

• Airline or transportation negligence, as in Dr. Jayaweera’s case

Damages often include funeral expenses, loss of companionship, lost income, emotional suffering, and sometimes punitive damages designed to punish egregious misconduct.

To succeed in such cases, plaintiffs must prove that the defendant had a duty of care, breached that duty through negligence, and that this breach directly caused the death.

The Dichotomy of Civil Wrongful Death Litigation

Wrongful death litigation occupies a unique and often challenging space at the intersection of profound personal loss and legal accountability.

For the surviving statutory beneficiaries, as exemplified by the Jayaweera family, the action serves as a crucial mechanism for pursuing justice and establishing corporate liability for proven negligence that resulted in the loss of life.

Similarly, for others, such as the O’Keefes, the civil claim is pursued to restore the decedent's reputation and achieve closure, even when criminal proceedings have been concluded.

While a civil wrongful death action cannot offer restitution for the life itself, it functions as a powerful, non-criminal reckoning.

It compels culpable parties ranging from major corporations to governmental entities to face the financial and public consequences for fatal misconduct or breaches of their duty of care, which might otherwise escape formal sanction due to the differing standards of proof in the civil versus criminal justice systems.

This legal process is vital for recovering damages, which encompass both economic losses and non-economic losses such as loss of companionship and support.

Final Thought

Where criminal law may fall silent, wrongful death lawsuits in the civil system ensure that grief is addressed, and responsibility is enforced against parties whose negligence caused an irreparable loss.

The lower burden of proof in civil court, the preponderance of the evidence allows for a determination of liability and a pursuit of compensation, even in the absence of a criminal conviction.

Crucially, these actions compel institutional change by placing a significant financial consequence on fatal mistakes, thereby providing a deterrence against future misconduct across industries.

People Also Ask

What qualifies as a wrongful death lawsuit in the U.S.?
A wrongful death occurs when someone dies as a result of another party’s negligence, recklessness, or intentional act. Surviving family members can file a civil lawsuit seeking damages for loss of financial support, companionship, emotional suffering, and funeral expenses.

Can you sue an airline for wrongful death?
Yes. Airlines can be held liable under both U.S. and international law — including the Montreal Convention — when a passenger’s death is caused by in-flight negligence or failure to provide adequate medical care.

Can a person be sued for wrongful death after being acquitted of murder?
Yes. Civil and criminal proceedings are separate. Even after a criminal acquittal, a person can face a wrongful death lawsuit if a preponderance of the evidence shows they contributed to the death — as seen in cases like Karen Read and, historically, O.J. Simpson.

How long do you have to file a wrongful death claim?
The statute of limitations varies by state — typically two years in California (under Cal. Code Civ. Proc. §377.60) and three years in Massachusetts (Mass. Gen. Laws ch. 229 §2). Filing deadlines usually begin on the date of death or discovery of negligence.

Can wrongful death damages exceed international treaty limits?
Potentially. Under the Montreal Convention, airline liability for in-flight deaths is capped unless plaintiffs prove negligence or omission. Cases like Dr. Asoka Jayaweera v. Qatar Airways challenge these limits under U.S. civil law.