US

Southwest Employee Confiscates Terminally Ill Child’s Special Chair

Eight-year-old Nicholas Dainiak, from New Hampshire, is blind and can’t speak. He suffers from an illness called Batten’s disease, which means he also can’t hold his body upright. Recently, his parents took him to Disney World to try and bring him some joy. But on the way back, all they got was grief from a Southwest Airlines staff member regarding Nicholas’s special chair.

MyFoxBoston.com explains:

When his parents strapped him into his protective seat, an airline staff member approached the family concerned that the chair may not be FAA approved to be on the plane.

Rather than miss the flight, the Dainiaks relented and handed over the chair. Nicholas’ parents held their son in an upright position for the entire three hour flight.

Nicholas’s parents posted pictures on their blog — a charity for Batten’s disease — showing how the young child was forced to sit for the flight:

Southwest Takes Terminally Ill Childs Seat

Since the incident, Southwest has apologized to the family and issued them full refunds, according to a statement to MyFoxBoston.com. That statement also said the company is looking to learn from what happened.

“We are working directly with the family after sincerely apologizing and issuing a full refund for their less than positive travel experience,” the statement says. “We certainly will take away any potential learnings from this experience in our constant evaluation of how to provide the best possible Customer Service, which is second only to the Safety of every passenger.”

“We feel terrible for what Nicholas had to go through, but we also understand that other Batten families likely struggle with similar situations,” Nicholas’s dad, Chris, wrote on the blog. “We hope that by being open with these events, it will shed some light on what some people with disabilities encounter.”

You can learn more about Batten‘s disease in a video posted by the family regarding Nicholas’s story:

The parents’ charity is called Our Promise to Nicholas.

Comments (104)

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  • bjornskis
    Posted on December 25, 2011 at 3:11pm

    all the airlines suck I have to fly for a living

    those parents should have said they were muzlims and the chair wound not have been touched

    Report Post »  
    • Dustoff
      Posted on December 25, 2011 at 4:25pm

      It’s NOT the airlines. It’s the FAA. They are forced to follow some pretty strange rules.

      Report Post » Dustoff  
    • albertaboy
      Posted on December 25, 2011 at 4:35pm

      What happened to COMMON SENCE

      Report Post »  
    • ashestoashes
      Posted on December 25, 2011 at 5:37pm

      This is one of those things that Ron Paul will eliminate.

      Report Post »  
    • c0mm0nsense
      Posted on December 25, 2011 at 6:02pm

      albertaboy
      I was eating dinner with my family, but I’m here now. This is what happens with Gov. Regulations. and Yes Ashestoashes, Ron Paul would rid us of this stupidity.

      Report Post » c0mm0nsense  
    • ghostsouls
      Posted on December 25, 2011 at 8:43pm

      There used ot be a time in our society, when the service industry would provide services. They would accommodate your needs. I think this is a lawsuit against them for discriminating against a person with a disability. Where are the lawyers, the only things these people understand is the loss of money. Nothing else. This wasn’t like, oh she didn’t give me a pillow or an inflight drink, this caused actual physical harm.

      Report Post » ghostsouls  
    • TomFerrari
      Posted on December 26, 2011 at 7:09am

      As a Commercial Pilot…
      Okay, this is one of those situations that requires REASON to come into lead.
      Certainly, there are some devices, which, may indeed be UNSAFE if brought on board a regular flight.
      Some chairs could be too large, or complicated, or even have hard or sharp edges/corners that could hurt someone in turbulence, or could block the aisle in an emergency.
      That being said, this is one of those times that the gate agent should have escalated the situation IMMEDIATELY for a resolution, BEFORE it became an issue.
      If explained properly, and if the chair in question ACTUALLY posed any safety concerns, then, I think most people would be understanding and would work with the airlines to accommodate their own special needs, while not endangering other passengers, unduly.
      Were I in this situation, I would contact the airlines well in advance of the flight to make arrangements, and to assure there would be no issue at the gate.

      There needs to be some sort of ombudsman at the airline to address these situations IN ADVANCE, and to provide a letter or ID or something that shows that they have been cleared.
      NO we do not need another government agency for this. Airlines need to do this of their own volition.
      Airlines that DO, will get the business and the good P.R. Airlines that do NOT will suffer.

      RESTORING LOVE , July 26 27 28 , Dallas, TX
      LINK UP NOW !! http://www.meetup.com/MercuryOneHQ

      Do you GBTV?

      Report Post » TomFerrari  
    • Caniac Steve
      Posted on December 26, 2011 at 10:08am

      I have flown but only once since the TSA started their crapola…aint worth it to me..

      Report Post » Caniac Steve  
    • saenir
      Posted on December 26, 2011 at 12:02pm

      Your muslim comment is right on. @dustoff. Wrong; it was Southwest’s treatment of this passenger that is unacceptable, which is why they later apologized.

      Report Post »  
    • ChiefGeorge
      Posted on December 26, 2011 at 7:53pm

      The airlines are just doing their jobs so the lawyers won’t have one to do on them….thats how we lose freedoms guys, we hand over commone sense and reason to the lawyers who just the mere thought of them suing us has everyone in a tizzy. Lawyers, yes they are needed but very much have abused these United States to no end.

      Report Post » ChiefGeorge  
  • garbagecanlogic
    Posted on December 25, 2011 at 3:09pm

    Is this airline staffing so stooopid that common sense went out the window? Why does the airline not have a central location that can be contacted immediately by staff to question what they should do.

    The U.S. Out Of The U.N.
    The U.N. Out Of The U.S.

    Report Post »  
    • Constantine Ivanov
      Posted on December 25, 2011 at 6:02pm

      It seems (to me, at least) that this country has lost common sense long time ago. It’s not individual cases, it’s a mass disease now.

      Report Post » Constantine Ivanov  
    • KTsayz
      Posted on December 25, 2011 at 8:53pm

      But, garbagecanlogic, have you contacted your congresscritter to have HR 1146, the American Sovereignty Restoration Act, passed?
      There is no use to your “The U.S. Out Of The U.N./The U.N. Out Of The U.S.” mantra if you are not actively getting the only bill ever written to do it, passed.
      Get HR 1146 passed NOW!
      Read it and learn:
      http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.1146.IH:

      Report Post »  
  • Brokendrum
    Posted on December 25, 2011 at 3:08pm

    Ok maybe I am missing something here – what possible benefit could a child who is unable to move and BLIND get from going to Disney !?
    I am not reacting to the airline thang – just confused me as to why they were even in this situation to begin with

    Report Post »  
    • Stoic one
      Posted on December 25, 2011 at 3:58pm

      The article said the family was TRYING TO BRING SOME JOY to their little boy’s life. Regardless of what YOU THINK is the right thing to is not your business and it is NOT the point of the article. The insensitivity of the airline employee and how the airline handled the situation is the point of the article.

      GOT IT?
      Merry Christmas; and may God shower blessings upon your life!

      Report Post » Stoic one  
    • Gary S
      Posted on December 25, 2011 at 4:20pm

      I looked up A-hole in the dictionary and you were the first entry.

       
    • yougottabekidding
      Posted on December 25, 2011 at 4:34pm

      Maybe It made them feel better.
      Maybe they wanted to see if some IDiot would make a stupid comment.
      The last one worked!

      Report Post »  
    • yougottabekidding
      Posted on December 25, 2011 at 4:41pm

      Maybe it brought them joy.
      Or maybe to see if some idiot would post something stupid.
      The second one worked I have not seen a post with less
      Intelegence in a long time.

      Report Post »  
    • SchiffRadiodotcom
      Posted on December 26, 2011 at 1:52am

      Something else is more broken than your drum. Maybe it’s your brain.

      Report Post » SchiffRadiodotcom  
    • palmettopalflorida
      Posted on December 26, 2011 at 7:33am

      Yes Brokendrum, you are missing something. Compassion!

      Report Post »  
    • starman70
      Posted on December 26, 2011 at 4:36pm

      If you payed attention to the pictures, this youngster wasn’t always sick. In his earlier photo, he seemed normal in every way.

      Whether blind or not, his parents could have filled him in on everything going on around him. If he had been my child, I would have taken him too. Disney parks are magical places for kids and no matter what kind of disability a person might have, they can still have fun. Brokendrum, I’m appalled that you would ask such a question. Why would you ever take away any kind of pleasure from a child who has any kind of dis ability?

      As for the airline employees, imbeciles is a term which matches their collective intelligence. I’m glad the airline refunded their fares but a therough retraining of their employees should be undertaken immediately.

      Meanwhile, I’ll drive everywhere I go in the CONUS.

      Report Post »  
  • ACACIA
    Posted on December 25, 2011 at 2:39pm

    i use to fly every week for my job, but since i no longer have that job i haven’t flown since. i drive everwhere i go now. it isn’t worth the hassle to fly. the airlines and TSA are the dumbest poeple alive; they prove it everyday about how dumb and stupid they are.

    Report Post »  
  • leary1
    Posted on December 25, 2011 at 2:38pm

    I think what happened to this boy and family is disgusting!! Between tsa taking cupcakes and pies, no liquids, old people and challenged people being put through the wringer, people with serious health problems being strip searched, WTF, is the world going crazy ??? I am quite sure the boy and family would have be left alone if they were muslim or wearing a burqa. I would love to know how many woman in burqas get strip searched, or given a hard time by airlines or tsa. Many of these people scream racial or religious harassment and are given a pass. The sad part is children, old folks, Americans, and the handicapped DID NOT ATTACK THE U.S. ON 911, and yet we seem to be pestered the most. Time to get rid of the idiots making the descisions to go above and beyond common sense. !!!! I don`t care that S.W. made an apology…..IT SHOULD HAVE NEVER HAPPENED …PERIOD !!! I TRAVEL ALOT , AND NOW WILL ONLY FLY s. w. IF NECESSARY. They have no respect for their patrons, I have no respect for s.w.`s survival !!!!

    Report Post »  
    • Fantastic Four
      Posted on December 25, 2011 at 5:06pm

      It’s “WE” all fear the Government and the Political Correct Bureaucracy that what might seem like “Common Sense” goes out the window for the possibility of reprocussions and permanent labels. BUT have no fear Utopia is on it’s way…………

      Report Post » Fantastic Four  
  • Pat Alexander
    Posted on December 25, 2011 at 2:28pm

    Common sense is all that is needed.

    Unfortunately, everywhere you look there is none.

    Everywhere………

    Report Post »  
    • boomboom
      Posted on December 25, 2011 at 2:41pm

      the TSA is nothing-short-of-EVIL.

      What goes around, Comes around.

      Report Post » boomboom  
    • woodyl1011fl
      Posted on December 25, 2011 at 6:15pm

      And they are part of the emerging democrat party national secret police apparatus that is being put together by the White House and the federal bureaucracy headed by democrats and supported by their party judges at all levels. Which is why obummer must be defeated next year and those democrat demagogue evil dogs in the senate as well as the socialist demcrat caucus in the house. Rinos are incapable of restoring the nation. .

      Report Post »  
  • david3755
    Posted on December 25, 2011 at 2:24pm

    Of all the airlines Southwest is the best. That is not ot say that they have some employees that lack some common sense. Sounds like a former TSA member slipped into the SW airlines personnel by mistake. All it takes is a little critical thinking to do the right thing. Sadly, our current education system has failed in that regard.

    Report Post »  
  • Impenitent
    Posted on December 25, 2011 at 2:23pm

    in the near future…

    not faa approved? but it was mandated by obamacare…

    liberal utopia

    Report Post »  
  • Jenny Lind
    Posted on December 25, 2011 at 2:23pm

    Guys, get a grip, you are getting a bit crazy, please see my response to momsense, and remember, southwest is trying, and the emplyee was considering the child’s safety within guidlines. If a chair doesn’t meet the guidlines,it can become a flying object. Think about it.

    Report Post »  
    • Impenitent
      Posted on December 25, 2011 at 2:30pm

      anything on a airplane can become a flying object…

      Report Post »  
    • singleparent
      Posted on December 25, 2011 at 2:58pm

      if you are falling thousands of feet to the ground i wouldn‘t worry about a fly’ing object ide be worry’ed about the ground……

      Report Post »  
    • Cat Ballou
      Posted on December 25, 2011 at 3:02pm

      It’s amazing all of us “old” people actually survived in the old days before the government told us what was safe & what we can & cannot do. My son grew up riding standing up in the back seat, granted a few times I had to stop him flying into the front seat with my arm. But he certainly had more fun growing up than the poor kids today……….!!! Where is common sense, oh that’s right, the government hasn’t told us we can have any, have they?

      Report Post »  
    • Bill Rowland
      Posted on December 25, 2011 at 4:25pm

      SINGLEPARENT – or at least the sudden stop at the end of the fall.

      OMG

      Report Post »  
    • snufy
      Posted on December 25, 2011 at 5:26pm

      An airplane IS a flying object. :)
      I agree that the employee was trying to follow TSA rules, but they should have consulted the plane’s captain before taking the special seat away from the child. Apparently, this was done in the ticket area, and not shipboard. SW airlines is a great company and I use them every time I fly commercial. It’s also fun to fly with them. I always got free drinks from the stewardesses when I flew in my Air Force uniform. Well, other airline stewardesses did, too. One tried to get me to stay on the plane and go home with her, but those were in my younger days. :)

      Report Post » snufy  
    • COFemale
      Posted on December 25, 2011 at 7:34pm

      Apparently, it was not a problem going to Disney, it was on the way back. So if it was fine going, it should be fine returning. This was just a bad judgment call on the part of the Southwest official.

      Report Post » COFemale  
    • drago
      Posted on December 25, 2011 at 8:12pm

      @Jenny Lind
      An airplane IS a flying object……….Sheesh, do some people but stupidity, or get it from the gub’ment?

      Report Post »  
    • drago
      Posted on December 25, 2011 at 8:15pm

      @Jenny Lind
      You do realize that the only way that seat becomes a flying object is, when the pilot hits the brakes real quick? ;p And yes i know that the seat will move at the same speed as the airplane, thus techically making it a flying object…….sorta…

      Report Post »  
    • drago
      Posted on December 25, 2011 at 8:16pm

      Er that would be BUY stupidity…………i bought mine it seems;p……

      Report Post »  
  • JMorcan
    Posted on December 25, 2011 at 2:22pm

    The company is looking to learn from what happened?? Haven‘t there been enough incidents in Southwest’s recent history to learn from? This is absolutley the airline of last resort. Screw you, Southwest Airlines.

    Report Post » JMorcan  
  • A300Driver
    Posted on December 25, 2011 at 2:17pm

    All thanks to a self-rightous Flight Attendant. It appears they got to Disney on SWA just fine – the FA‘s didn’t have a problem on that flight – but coming home they encountered one without a clue. Surprisingly, there’s no mention of the Captain getting involved…….maybe he was clueless as well……

    Report Post »  
  • Eliasim
    Posted on December 25, 2011 at 2:14pm

    I hear some speak of “Exits” and yet all of the exits have been passed up beginning some fifty years ago. Ashes return to ashes. So my New Year’s resolution is to try to better help people see that they have already been in “The wilderness” for some 40 years.

    Report Post »  
  • Snowleopard {gallery of cat folks}
    Posted on December 25, 2011 at 2:10pm

    Put the airline to the sword for this matter; it is discrimination against a disabled child and the parents clear across the board. All of these escalation of harassments of children and parents, the elderly and such seems to be sponsored more and more by the TSA and the harassment policies of the admin union thugs.

    Soon enough all hades will break loose.

    Report Post » Snowleopard {gallery of cat folks}  
    • drago
      Posted on December 25, 2011 at 8:09pm

      @Snow
      Hopefully, sooner than later……

      Report Post »  
  • momsense
    Posted on December 25, 2011 at 1:51pm

    How about having an index of diseases and the symptoms that they exhibit—iIf any of these people can read, it would have saved a lot of problems.——- or is that just too simple a solution?

    Report Post »  
    • Jenny Lind
      Posted on December 25, 2011 at 2:18pm

      Funny that’s what I was thinking while reading this article. First the airline should have been notified about his special needs, second the airlines should have a database showing the needs of the illness. No big deal, both sides screwed up. Special needs families can’t assume anything, they need to communicate BEFORE they travel.

      Report Post »  
    • ohiochili
      Posted on December 25, 2011 at 6:07pm

      Jenny, how do you know the parents didn’t inform the airlines they were traveling with a special needs child????
      Hummmm?????

      Report Post »  
  • Scarab Sport
    Posted on December 25, 2011 at 1:50pm

    SW made a mistake and steped up to accept responsibility. They did the right thing and gave the family refunds. If possible, I always use SW for travel. No baggage fees and low prices. They also sponsor volunteer programs their employees participate in to help those in need. Don’t hold this against them. They screwed up and tried to make amends.

    Report Post »  
    • woodyb
      Posted on December 25, 2011 at 4:17pm

      Yes, gave them a refund in order to AVOID A HUGE LAWSUIT!!!!!!!!!!!!!!!!!!!!!!!!

      Report Post »  
  • momsense
    Posted on December 25, 2011 at 1:49pm

    How stupid are these people—I’m certain that the family had the prerequisite certificates—dumb sh@@s !

    Report Post »  
    • orkydorky
      Posted on December 25, 2011 at 2:34pm

      It seems to me that the media is continually trying to make South West airlines out to be the villain of all the airlines lately, have they stepped on a government agency‘s toes or is it that the competition can’t keep up? I’ve had nothing but great service from South West, more than I can say about some of the others!

      Report Post » orkydorky  
  • Eliasim
    Posted on December 25, 2011 at 1:46pm

    These stories are stupid because it doesn’t really go in depth to the Airline policy about seats and restraints. Furthermore, in these days employees are worried about losing their jobs. What if the employee had let him keep his seat and got in trouble or if someone was hurt, and the airline fired the employee? We live in an age of “Damned if you do, and damned if you don’t” and therefore people will end up not caring either way as they just do what the hell they want to from moment to moment. And it will add to the severity of which the system is damned.

    Report Post »  
    • Eliasim
      Posted on December 25, 2011 at 1:52pm

      I suppose it all adds up to that the American system is more damned than you realize right now.

      Report Post »  
    • Eliasim
      Posted on December 25, 2011 at 1:55pm

      Just like with currency – you‘re damned if you don’t print and you’re damned if you do print. With big government – you’re damned with it, and you’re damned without it.

      Report Post »  
    • Eliasim
      Posted on December 25, 2011 at 1:58pm

      Therefore you see, when you forget about God – you wind up getting damned.

      Report Post »  
    • Eliasim
      Posted on December 25, 2011 at 2:02pm

      And since people have forgotten about God, and because they have lost their understanding of God the Father, therefore it is written in the Bible that people will spend much time digging up bones, fossils, and is also why the Bible says many graves will be opened. Who among you has understanding? I make the argument that none of you do.

      Report Post »  
    • Eliasim
      Posted on December 25, 2011 at 2:04pm

      Therefore the system and even the world will be damned as it should be.

      Report Post »  
  • Taxpayer550
    Posted on December 25, 2011 at 1:43pm

    “That statement also said the company is looking to learn from what happened.”

    Here’s what they can learn from what happened: Some equipment for the disabled needs to be approved by the FAA, and some employees bring their problems and bad attitudes to work, and subsequently make it tough for coworkers and customers. I’d be surprised if Southwest puts up with this!

    Report Post » Taxpayer550  
    • Baddoggy
      Posted on December 25, 2011 at 1:51pm

      The employee was just doing his job as outlined by the F’ing FFA. This would not have happened if we did not have a F’ing FFA. Who the hell needs them? Let the free market take over and this kind of crap will stop.

      Blame tis crap on your Federal overlords not Southwest Airlines or theri employees.
      Return to the Constitution and this BS will stop!

      Report Post » Baddoggy  
  • MeteoricLimbo
    Posted on December 25, 2011 at 1:41pm

    Right up there with kicking Tiny Tim’s cane out from under him.

    Report Post » MeteoricLimbo  
  • Detroit paperboy
    Posted on December 25, 2011 at 1:37pm

    Makes my problems look really small and insignificant…. Thank you God for my healthy family…

    Report Post »  
  • bullfrog1940
    Posted on December 25, 2011 at 1:36pm

    Common sence can go a long way if applied. SW Airlines did not use common sence in this case. Shame on you SW Airlines.

    Report Post »  
  • singleparent
    Posted on December 25, 2011 at 1:30pm

    Wow never saw this come’ing…. Oh i forgot libs think people like this should have been aborted..better take this country back and quit screw’ing around with these people….

    Report Post »  
  • mclantiere
    Posted on December 25, 2011 at 1:24pm

    American Airline would have forced them to “check” the chair … and charged them $30. Of course after the fact, American probable would have refunded a portion … like a $5.00 adult drink certificate.

    Report Post » mclantiere  
  • Marcia
    Posted on December 25, 2011 at 1:21pm

    Such a heartbreaking story, but I’m glad to see SW doing right by them. Airline employees have to err on the side of caution and can’t be expected to know everything about everything. An unfortunate incident and I hope all is forgiven and forgotten by now.

    Report Post »  
    • YepImaConservative
      Posted on December 25, 2011 at 1:39pm

      Agreed.

      Report Post » YepImaConservative  
    • SLARTIBARTFAST
      Posted on December 25, 2011 at 2:18pm

      Southwest stood up and that’s good. I hope they look into how the employee handled the situation: i,e. apologetically, coldly, or however. If the employee was a jerk, them fire ‘em. If not, train them better.

      Report Post » SLARTIBARTFAST  
  • lukerw
    Posted on December 25, 2011 at 1:17pm

    The INSANE are In Charge!

    Report Post » lukerw  
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