David S. Meik v. National Transportation Safety Board and Federal Aviation Administration

David S. Meik flew as an United Airlines pilot continuously from 1964 through 1978. In June 1978, at the age of thirty-five, he suffered a moderate cerebrovascular accident (CVA), i.e., stroke. He was hospitalized for a week, during which time he experienced difficulty with speaking and with motor coordination in his right hand. However by the time he was released, he could speak normally and his hand was much better. He has experienced no recurrence since and has no present disability of speech or hand.

Generally, a stroke results from a blockage in a blood vessel in the brain. In Meik’s case, it was caused by an embolus that blocked the middle cerebral artery. The source of the embolus, which is defined as a mass of blood or other matter circulating in the blood stream, has never been determined.

In November 1979, Meik applied for a first-class airman medical certificate in order to resume his career. On September 19, 1980, the Federal Air Surgeon issued a final denial of the application. Meik sought and received a hearing before an Administrative Law Judge, who upheld the denial.

Meik then appealed to the National Transportation Safety Board (NTSB). The NTSB supplemented the…