A California man allegedly choked to death during a flight after he was denied his requested vegetarian meal and was forced to “eat around” the meat served to him, according to a wrongful death lawsuit. 

On Aug. 1, 2023, 85-year-old cardiologist Asoka Jayaweera was offered a non-vegetarian meal after being informed that there were no vegetarian meals available by a member of cabin crew on a Qatar Airways flight from Los Angeles to Doha, Qatar, according to a complaint obtained by PEOPLE.

Jayaweera was served the meal approximately two and a half hours into the 15-hour flight. Despite having requested a vegetarian meal, he was allegedly told by flight staff to "eat around" the meat as there were none available. Jayaweera “began choking on the meal” shortly after, per the complaint filed by his son, Surya, although it is not clear what he was choking on.

Flight crew members called MedAire for assistance, a Phoenix-based service that has aviation-trained ER doctors who guide airline staff remotely in medical emergencies on flights, The Independent reports.

The flight crew said an emergency landing was not permitted at the time as the plane was “traveling over the Arctic Circle/Ocean,” the complaint alleges. Jayaweera's son argues, however, that the plane was flying over Wisconsin during the incident and therefore there was time to land and seek further medical assistance.

Jayaweera was instead provided oxygen on the aircraft, but his oxygen saturation levels were at a “critical” level for the remainder of the flight, and he lost consciousness. The plane eventually landed eight hours later in Edinburgh, Scotland, and Jayaweera was sent to the hospital, per the complaint.

Jayaweera died due to aspiration pneumonia, a lung infection caused by accidentally inhaling food or liquid, in Edinburgh on Aug. 3, 2023.

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Jayaweera's son Surya is seeking damages for negligence and wrongful death at the statutory minimum amount of $128, 821, according to the complaint filed. He is also seeking funds to cover legal fees.

“Qatar and the United States are members of the Montreal Convention and as such QATAR is subject to the Convention's rules and has acquiesced to strict liability for personal injury or wrongful deaths occurring as a result of an accident on an international flight,” the complaint states.

PEOPLE has contacted Qatar Airways for comment, but did not immediately hear back.