Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

We have been contacted by several different individuals today inquiring into the facts and circumstances surrounding a crewmember going overboard from the Monarch of the Seas cruise ship.

We are informed that the overboard involved a crewmember from India.  No other information is known at this time.  The cruise ship is in Nassau today and was in CoCo Cay yesterday.  There are no news outlets reporting on this incident so far.

Royal Caribbean / Celebrity cruise ships have seen the most overboards over the course of the last 2 years.

On December 27, 2011 we reported on a Celebrity crewmember's disappearance - Celebrity Crewmember Missing From Summit Cruise Ship.  Here are other recent stories:

Another Celebrity Crewmember Goes Overboard

Crew Member Goes Overboard from Celebrity Constellation Cruise Ship

Crew Member Missing from the Grandeur of the Seas - Why Are So Many People Disappearing From Royal Caribbean Cruise Ships?

Another Overboard From A Royal Caribbean Cruise Ship? - Oasis of the Seas

Crew Member Overboard from Royal Caribbean's Explorer of the Seas

"Man Overboard" Reported on Radiance of the Seas

Asleep At the Wheel: What Does the Delayed Reporting of Neha Chhikara's Disappearance from the Monarch of the Seas Reveal About Royal Caribbean's Shipboard Security?

Wife of Royal Caribbean Crew Member on Monarch of the Seas Goes OverBoard

The last two articles involve a wife of an Indian crewmember going overboard from the Monarch of the Seas. 

The last time the Monarch of the Seas was in the news was when it failed a CDC inspection in November - Dirty Dishes & Fruit Flies Flourish on Royal Caribbean's Oldest Cruise Ship

Does anyone have information about this latest crew overboard?   If so, please leave a comment below.

January 12, 2012 Update:

DIS, the "Internet's largest unofficial on-line guide to Disney Cruises," contains the following information:

This report is coming live from the Disney Dream.  An unknown Carnival Cruise Line ship and Coast Guard helicopters are currently next to the Dream helping with a search for a man overboard from the Monarch of the Seas.  On schedule today for the Dream is a day at sea, but overnight, guests began noticing unusual movement from the ship.  Guests later learned that the ship had docked at Nassau overnight, but weren't sure why.  An officer from the Dream made an announcement overhead at 9:00 am alerting guests of the situation.  This is the first official notification passengers have received; if any news-worthy updates are given, this story will be updated.

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On Sunday we received emails inquiring about a Celebrity crewmember who went overboard from the Summit cruise ship.  The Summit was sailing from San Juan, Puerto Rico, where it is currently based, to Barbados when the cruise employee disappeared. At the time we had no information.

Today the U.S. Coast Guard issued a statement that the missing crewmember is a Filipino woman, age thirty, employed as a bartender aboard the cruise ship.  The cruise line states that she was seen jumping overboard Sunday morning, approximately 6 - 7 miles off the northeastern coast of Culebra Island, Puerto Rico.  It is less than clear whether eyewitnesses observed this, or whether the incident was captured on the ship's CCTV cameras.

The cruise ship notified the Coast Guard of the incident from the cruise ship at approximately 12:50 a.m. Sunday.  We would be interested in learning when the cruise ship left San Juan, as the incident occurred shortly after departure. 

The Coast Guard suspended its search last night.

Royal Caribbean / Celebrity cruise ships have seen the most alleged suicides over the course of the last 2 years.  As we have said before, the Filipinos on cruise ships work incredibly long hours and are away from their families for long periods of time.  At this point, it is unknown what led this young woman to jump if this is what happened.

A Filipino crewmember allegedly jumped from a Celebrity ship earlier this year - Another Celebrity Crewmember Goes Overboard

You can read about RCCL / Celebrity crew overboards (all nationalities) below: 

Crew Member Goes Overboard from Celebrity Constellation Cruise Ship

Crew Member Missing from the Grandeur of the Seas - Why Are So Many People Disappearing From Royal Caribbean Cruise Ships?

Another Overboard From A Royal Caribbean Cruise Ship? - Oasis of the Seas

Crew Member Overboard from Royal Caribbean's Explorer of the Seas

"Man Overboard" Reported on Radiance of the Seas

Asleep At the Wheel: What Does the Delayed Reporting of Neha Chhikara's Disappearance from the Monarch of the Seas Reveal About Royal Caribbean's Shipboard Security?

Wife of Royal Caribbean Crew Member on Monarch of the Seas Goes OverBoard

Does anyone have information about this latest incident? 

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This week we have been contacted by a number of readers who want to know the status of the criminal proceeding against a Carnival crewmember who is accused of sexually abusing a 14 year old girl aboard a Carnival cruise ship.

The incident occurred last month and you can read our initial account of the incident here.   

The crewmember involved is identified as Kert Clyde Jordan, age 35 from the country of Grenada, who worked as a waiter aboard the Carnival Liberty cruise ship.

According to the affidavit of the arresting FBI agent, the young girl was vacationing with family members aboard the Liberty cruise ship during a cruise from October 29th to November 5th of this year.  On the last night of the cruise at around 11:45 PM, crewmember Jordan encountered the girl, age 14, on the upper deck (Lido deck).  She told him that she was 14 years old.  At around 12:15 AM, Jordan led her a bathroom where he engaged in sexual acts with the child until around 2:00 AM.

The girl reported the incident to her mother the following day after the family returned home following the cruise.  Her mother took her to a hospital in her home state where she underwent medical treatment.  The local police were notified and, in turn, contacted the FBI here in South Florida on November 9, 2011.

On November 19, 2011, the FBI boarded the cruise ship and questioned Jordan, who waived his Miranda rights.  The FBI agent showed him a photograph of the girl, who he acknowledged seeing on the cruise and admitted that she advised him that she was 14 years old.  He also stated that he took photographs of the minor with his cell phone.

The FBI agent also stated that Jordan admitted to committing sexual acts with the girl.

Under federal law, sexual contact with a minor is a felony.  Here Jordan was charged with violating United States Code Section 2243(a)(1) which prohibits a sexual act with a child over the age of 12 but under the age of 16.   

If Jordan in fact waived his Miranda rights and admitted that he knew that the girl was only 14 years old, he will likely be convicted.  The maximum sentence for this type of crime is 15 years in prison. 

Jordan's arraignment was last week and a jury trial will be scheduled for later this year.  He remains in jail. 

Our prior article on this case drew a number of comments, including from people who claim to be family members or friends on the cruise ship.  Some of the comments question the veracity of the minor's claim because she reported the incident after the cruise.  Victims of sexual abuse often report the crime after the fact.  In this case the minor reported it the following day, which is not unusual at all.

There are some unusual comments to our article, including comments from someone who claims to have been a passenger who engaged in sex with Jordan on the same day as the incident involving the 14 year old girl.

We have no basis to verify these comments.  But if true, they raise the issue whether this crewmember engaged in sexual activities with women and underage girls in public bathrooms on the ship during prior cruises.

Photo credit:  wikipedia (Captain-Tucker)

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Newspapers in Hawaii are reporting today that a twenty-seven year cruise ship employee was pulled from the water at Kalapaki Beach this afternoon.

The local police are saying that bystanders brought the man to shore and administered CPR.  Paramedics later continued CPR after arriving on the scene, and transported the crew member to Wilcox Hospital, where he is listed in critical condition.

The crew member is from an unidentified cruise ship docked in Nawiliwili Harbor which is the major port for Kauai.  If you are familiar with this incident and know what cruise ship the crewmember is from please leave a comment below.  
 

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Yesterday, a jury in Miami returned a $1,000,000 verdict against a Miami based cruise line whose ship employee underwent an unnecessary surgery to insert a pacemaker which he did not need.

The case involves a Celebrity Cruises chef, Shalesh Buttoo, who experienced headaches and pain to his face while working on a Celebrity cruise ship.  Although only 31 years old and apparently in good health, a doctor in Santo Domingo inserted a pacemaker into the crewmember's chest.  The issues at trial focused on whether Mr. Buttoo needed such a surgery and, assuming he did, whether the surgery was properly performed.   

In 2009, the cruise line had flown Mr. Buttoo from Europe, where the Celebrity cruise ship was based, to Santo Domingo.  We wrote about the danger of sending injured or ill crewmembers to Santo Domingo in order to reduce medical expenses for crew back in November 2009.  You can read our thoughts here.  You can read another article we wrote here: Cruise Ship Medical Care - Royal Caribbean Gives Their Crew Members the Royal Shaft.

For those readers not up on international geography, Santo Domingo is in the Dominican Republic, adjacent to Haiti, on the island of Hispaniola. 

Mr. Buttoo testified at trial that the pacemaker caused him debilitating injuries and forced him to use a walker.  The pace maker not only medically unnecessary but was improperly placed and caused inflammation.  He eventually traveled to Miami for follow up medical care where cardiac surgeons removed the pacemaker.

The jury found the cruise line negligent in its care and treatment of its crewmember and returned a $1,000,000 verdict.  Cruise lines are vicariously liable for the bad medical treatment rendered to their crewmembers.

Mr. Butto's trial lawyer in Miami, Earvin Gonzalez, argued that Celebrity Cruises sent the ship employee to Santo Domingo to save money because the doctors in the Dominican Republic are much cheaper than in Europe or here in Miami where Celebrity Cruises is based.  Mr. Gonzalez commented on the verdict:

“I am pleased that the jury was able to appreciate the level of harm caused by Celebrity and awarded damages to compensate Mr. Buttoo for what he went through.  Although no amount of money will ever erase the horror of being implanted with a heart device he did not need, the amount awarded allowed Mr. Buttoo to feel that justice was served.  It is important for ship owners to recognize the need to provide their crew with quality health care and to listen to their needs, rather than taking a calloused and uncaring approach.  The crew is part of the Cruise line’s family and they should be treated like family members and not like indentured servants.”

Celebrity Cruises was represented by Jeffrey Foreman and Noah Silverman of the Miami firm Foreman Friedman.  They declined to respond to our request for a comment.

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An arbitrator in California recently awarded substantial compensation on behalf of a seriously injured Carnival crewmember.

California attorney Stephen Estey issued a press release which stated that he obtained an arbitration award for a crewmember working aboard the Carnival cruise ship Imagination in the amount of $800,000 for injuries sustained in June 2008.  The press release states that Polish citizen Marcin Sokolowski was employed by Carnival as an assistant Maître D.’  His duties included lifting heavy bins of food and equipment.   Although some of the bins weighed in excess of 100 pounds, Carnival refused to provide him with a dolly to assist him in loading and unloading the bins. 

In June, 2008, crewmember Sokolowski felt a "pop" in his low back while lifting the bins.  He felt immediate pain and reported this to the ship's doctor, who only prescribed pain medication. When the crewmember's pain persisted over the next few days, the ship doctor injected him with pain killers and tried to "adjust" his lower back. 

Sokolowski's condition declined and a doctor in Cabo San Lucas, Mexico recommended surgery after a MRI of his lumbar spine confirmed that he had a herniated disc at L5-S1 on the right side.

In mid August, 2008, surgeons at the University of California at San Diego Medical Center performed  a lumbar discectomy; unfortunately, Sokolowski suffered permanent damage to the nerves radiating to his leg.  The press release states that the U.S. neurosurgeon and, subsequently, a disability commission in Poland found Sokolowski to be permanently disabled.  The arbitrator awarded total compensation in the amount of $800,000. 

As we reported earlier today, arbitration awards for back injuries have ranged for as little as $75,000 to a high of $1,250,000 in a case we handled earlier this year.

I do not know Mr. Sokolowski or his counsel but his story is the same story injured cruise employees tell us.  Crewmembers sustain serious injured on cruise ships and then undergo medical "treatment" on the cruise ship consisting of masking the pain and delaying the cure.  By the time that board certified U.S. doctors finally treat them, the crewmembers often have sustained additional and permanent neurological damage.   

Given the range of cruise ship arbitration awards so far, Mr. Sokolowski's lawyer did a good job obtaining compensation for his client.   

If you are a crewmemmber, from the Caribbean, Europe, India or South or Central America, injured on a cruise ship, please consider reading Arbitration of Cruise Line Crewmember Cases.

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In the last few years, the major cruise lines have been trying to enforce arbitration provisions which they inserted into the crew member's employment agreements.

Many of our crew clients around the world ask us "what is arbitration?" and was is the difference between an "arbitration" and a "trial."

Arbitration is a process where disputes between parties are decided by an "arbitrator" or a panel of "arbitrators."  In the crew cases we have arbitrated, the process is started by filing a claim with the American Arbitration Association / International Centre for Dispute Resolution.  This is the administrative body, typically called AAA or the ICDR, which oversees the process. 

The biggest difference between arbitration and a trial, is that a trial takes place before a judge and a jury.  There is no judge or jury in arbitration. 

Arbitrators are typically other attorneys or retired judges who are selected by counsel for the parties.  When there are three panel arbitrators, counsel for the crewmember will select one arbitrator and counsel for the cruise line will select one arbitrator.  Those two selected arbitrators will select a third arbitrator.  The arbitrators are sworn to be fair and impartial.

Once the arbitrator or arbitrators are selected, a date for the arbitration hearing will be selected.  Unlike a jury trial which could easily last more than a week, an arbitration hearing may last just two days.  There are relaxed rules of evidence.  The arbitrators will typically receive into evidence hearsay medical reports and affidavits of witnesses without the other side being permitted an opportunity to conduct cross examination.   

Pre-hearing discovery is limited.  There is no requirement to conduct discovery, although in most cases the crewmember will give a deposition and appear for a medical evaluation by a doctor selected by the cruise line defense lawyer.  We will always have our crew clients examined by a doctor who will appear live at the arbitration hearing, and we will take a deposition of a representative of the cruise line.

The cruise lines are responsible for the filing fee and the fees of the arbitrators.  These costs and fees can be expensive.  A cruise line paid around $60,000 in the ICDR filing fee and the fees of three arbitrators in a recent case.  Obviously, no crewmember could afford to arbitrate if they were responsible for these fees.  

There is the issue of where the arbitration hearing will take place.  Many arbitration agreement stipulate that the hearings will take place in the country where the cruise ship is flagged or the country of the crewmember's citizenship of the crewmember.  In many cases, the cruise line will nonetheless agree to arbitrate in Miami, because it is too expensive to pay the fees and costs associated with flying Miami based arbitrators and defense lawyers to far away places like India.  Quite frankly, I would love to arbitrate cases in India, Romania, Serbia, and throughout the Caribbean islands.    

Another big difference between arbitration and a trial is that the entire arbitration procedure, from start to finish, should take less than one year.  Given the congestion of our court docket in the state court system here in Miami, a date for jury trial could take two years or more.  This is good news for injured crewmembers who have no income and are in need of resolving their cases in an efficient manner.

Once the arbitration award is decided, it is not appealable except under very rare circumstances.  This is good news because the cruise lines can't drag out an appeal for another year. 

It is generally thought that a down side of the arbitration proceeding is that the amount of the arbitration awards are generally considered to be less than what a jury might otherwise award.  But the range of arbitration awards in my experience and to my knowledge have not been unreasonably low.

Of the six or so arbitration awards I am familiar with regarding crewmembers with injured backs for example, there was a low award of around $75,000, several in the $300,000 to $400,000 range, one for $800,000, and the high award of $1,250,000 which our firm handled this year.

If you are a crewmember injured on a cruise ship, don't hesitate to contact our office for a free consultation to discuss your rights.

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We just settled a case we filed on behalf of a Jamaican crewmember who sustained a wrist injury while working as a cleaner aboard a Royal Caribbean cruise ship.  She is now able to support her two boys back in Ocho Rios (photo left). 

Her job responsibilities involved cleaning every single public lady bathroom on the cruise ship (around 30).  Mopping the floors, scrubbing the toilets, wiping the stalls and mirrors, every day of the week - Saturdays and Sundays included of course.  In addition, every embarkation day she was required to deliver hundreds of bags luggage from the elevators to the passengers' cabins.

She developed a painful and debilitating wrist injury.  She went to the ship doctor who gave her Ibuprofen and a sling to wear.  She then returned to full time duty wearing a sling.  I don't know how a one armed cleaner can possibly clean 30 bathrooms every day of the week and then carry hundreds of pieces of luggage on top of that.  Her salary was around $550 a month.

Royal Caribbean eventually sent her back to Jamaica.  Two general surgeons ended up operating on her wrist.  What they did exactly no one knows because neither one of these doctors prepared an operative report.  There are no hand specialists anywhere in Jamaica.  The crewmember's pain, numbness, swelling and limited motion did not improve.  Shortly after the second surgery and without ever providing physical therapy, the cruise line terminated her medical treatment and stopped paying the $12 a day daily stipend.  

After she called and explained her predicament, we filed suit, arranged for her to obtain a tourist visa, and then flew her to Miami for treatment with a U.S. board certified hand specialist.  After around $60,000 of medical care we forced the cruise line to pay, her symptoms finally resolved. We can't mention the amount of her settlement because the cruise line requires a confidentiality agreement regarding the settlement figure, but we can state that she was happy and, most importantly, pain free when she went home.

Cleaners, waiters, and cabin attendants work insane hours on Royal Caribbean ships.  Working 12 hours a day minimum and up to 16 hours on embarkation day, they are instructed not to report more than 10 to 11 hours of work on their times sheets.

The human body is not designed to perform hard manual labor over 330 hours a month. 

Repetitive injuries to waiters who carry trays weighing 50 pounds or more are common.  Neck injuries, disc herniations in the low back, and rotator cuff injuries in the shoulder are common.  Then the cruise line sends these hard working employees to the four corners of the earth to receive bad medical care.         

The photo to the right is of another Jamaican client who sustained a severe wrist injury working as a cleaner on a Royal Caribbean cruise ship.  My partner, Lisa O'Neill, is shown discussing her injury in a hotel here in Miami.  My partner does not like to be mentioned on this blog, but she is the backbone of the team which we have who cares for injured crewmembers.   A substantial part of our law practice is flying injured Royal Caribbean crewmembers back to Miami for medical treatment which the cruise line refuses to provide.      

Photo credits:  Jim Walker

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For the past two years, I have been interested in the use of Twitter as a method of educating the public about dangers on cruise ships.  Dangers that are real.  Dangers that the cruise lines don't want the public to read about.

Anyone who follows me on Twitter is well aware that I tweet daily on issues that the cruise lines don't discuss - sexual assaults of women and children, mistreatment of crewmembers, and the disappearances of people on the high seas. 

Yes, I know that I am annoying.  There are lots of cruise fans and travel agents on Twitter who use the #cruise hash-mark to market the joy of cruising, and I spoil the fun.  50% of the people who I interact with on a routine basis disagree with me 100% of the time it seems.  But I know that my message is getting out there.  I would like to think that if one parent realizes that its not safe to leave your kids unsupervised on a cruise ship, then my last 5,500 tweets have been a worthwhile exercise.   

I am particularly fascinated by the way that cruise lines use Twitter and other social media.  Are they engaging in discussions with the public where they address unpleasant subjects with candor and in the process develop a reputation of transparency?  Or, are they just using Twitter and Facebook to create fan pages or other cult clubs?  Do they run and hide when they read tweets critical of their business practices? 

Earlier this week, I wrote an article about Oceania Cruises trying to convince a Judge in Miami to impose a limit of liability of only $65,000 in a case where it is alleged that an Oceania Cruises crewmember raped a 13 year old child on the Regatta cruise ship.  Stories like this are important.  Most parents don't understand the significant number of sexual assaults which occur on cruise ships.  Few parents could possibly imagine that if a crewmember raped their little girl, the cruise line would try and make certain that the child didn't receive fair and just compensation for her physical and emotional injuries.

I tweeted a few references to my blog article about Oceania Cruise's disturbing behavior.  I always invite a cruise line's response.  I even invite disagreeing cruise lines and travel agents an opportunity to write a guest blog - unedited - to tell the other side of the story.            

Oceania Cruises, which has been following me on Twitter for over a year, had no interest in discussing the story.   Instead, it "un-followed" me. 

"Unfollowing" critics seems like a poor way to manage a business' online reputation.  Instead of explaining its conduct or at least expressing concern for the girl's well being, the cruise line just turned and ran.   

Twitter is a proving ground of truth and transparency.  Twitter is not a place where slick unprincipled marketers can withstand scrutiny.  It is not a place where cowardly cruise lines like Oceania can survive.   

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NBC Los Angeles reports today that Royal Caribbean Cruises demonstrated "a gross indifference to the life and health" of passengers by continuing to cruise with a ship that "that allowed poison gas exposure to its passengers," according to Miami Dade County Judge Marc Schumacher.

The ruling today involved a leak of hydrogen sulfide that killed three Royal Caribbean crew members and injured 19 others in September 2005.

Over the 2005 Labor Day weekend, the Royal Caribbean Monarch of the Seas cruise ship had just returned to San Pedro, California after a cruise to Mexico.

More than three thousand, four hundred people were on board the cruise ship.  

Crewmembers were attempting to replace a leaking section of pipe connected to the ship's food waste system.  The pipe burst and hydrogen sulfide gas escaped into the engine room.  The poisonous gas killed three crewmembers.  Nineteen other crewmembers were rushed to the hospital. 

Passengers on the cruise ships complained at the beginning of the cruise that they smelled the noxious gas the first night of the cruise, raising the issue whether the cruise should have been canceled.

Staff Captain Bjørn Eidissen was injured when he responded to the crisis. 

He alleges that Royal Caribbean provided inadequate and delayed medical treatment and then terminated his employment. 

According to the news report, when county health investigators measured the levels of hydrogen sulfide gas in the engine room five hours after the incident the levels were at 100 parts per million -well above OSHA’s limit of 20 ppm. 

Photos taken during a Coast Guard investigation of the incident document the "extensive corrosion" they say they found in engine room pipes where the leak originated.  The Coast Guard report concludes: "early signs… of hazardous H2S gas …were missed."

Staff Captain Eidissen reportedly observed the holes in the engine room pipes.  Despite patches that were applied over the holes, he felt the ship was unsafe and warned his superiors.  "It was totally crazy," Eidiseen said in an interview from his home in Norway. "We should never have sailed . . . the cruise line knew about it and they ignored the danger."

Judge Schumacher's order states: "Royal Caribbean’s actions demonstrated a gross indifference to the life and health of not only the plaintiff but other passengers onboard the Monarch of the Seas when it continued to cruise with measures that allowed poison gas exposure to its passengers."

In addition to compensatory damages, the Court held that Eidissen could seek punitive damages for the cruise lines' egregious conduct.

A copy of the order can be viewed here.  The order indicates that there was a prior gas leak on the Monarch in March 2005, which the cruise line was aware of yet it failed to take reasonable steps to fix the problem and protect the crew and passengers.

The case is handled by our friend, Miami lawyer Jack Hickey.  He issued a press release last year, stating in part that when the cruise ship was drifting, at anchor, or at dock, the noxious gas was sucked back into the vessel and into the passenger areas including cabins, through the air conditioning intakes. This reportedly allowed the methane and hydrogen sulfide gas to leak into habitable areas on the ship including the areas in which Mr. Eidissen worked. The Monarch of the Seas received numerous passenger complaints about a foul smelling gas, in addition to several complaints from a stevedore company, dockside businesses, and the workers who eventually fixed the pipe while the ship was in dry dock.

Although the cruise line initially denied liability, it subsequently filed a stipulation that it is legally responsible for releasing the gas.

Royal Caribbean is being defended by Curtis Mase. 

We have found over the last 10 years, Royal Caribbean has consistently exhibited the worst corporate malfeasance of any of the Miami based cruise lines.  Last year, we reported on an incident when 6 crew members were taken to the hospital in Baltimore for suspected carbon monoxide poisoning caused by a welding operation in the engine room as the Celebrity / Royal Caribbean cruise ship was returning to port.  Read: Carbon Monoxide Poisoning Reported Aboard Celebrity's Mercury Cruise Ship

Photo credits:

Top:  Bjørn Eidissen (via facebook)

Bottom:  NBC Los Angeles

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An Arbitration panel in Miami, Florida has ordered Royal Caribbean Cruises to pay $1,250,000.00 to a crewmember following an injury aboard the Jewel of the Seas cruise ship.

The crewmember, who is from Serbia, sustained a serious back injury in June 2008 when a crew member violently slammed a door into her back while she was walking down a narrow hallway.  She sustained a large herniated disc.  She reported to the ship infirmary and the ship doctor found her unfit for duty.  However, her supervisor instructed her to continue working.

The ship doctor thereafter refused to take her medical condition seriously, and did not take an x-ray or order a MRI at a port of call.  After seven weeks of continuous work, her medical condition deteriorated badly.  She collapsed and had to be taken from the cruise ship on a stretcher with a IV morphine drip to manage her pain.

Royal Caribbean sent her back to Serbia and refused to arrange for medical treatment.  It paid her only $12 a day for lodging and food, which is impossible to live on.  It paid her consistently late.  It took the cruise line over five months to finally authorize back surgery in January 2009.  The doctor then performed surgery at the wrong level.  Royal Caribbean thereafter refused to arrange or pay for her rehabilitation or arrange for follow-up x-rays or a MRI.

After she retained Walker & O’Neill to represent her, the cruise line continued to refuse to meet its legal obligation to provide her with the necessary medical treatment.  When our firm complained, the cruise line terminated her living expenses. One of the in-house lawyers overseeing the cruise line’s medical department, Tony Faso, decided to abandon her.  Mr. Faso sent an email to Walker & O’Neill stating:

"I am sure any arbitrator will agree with me. I am sure that I will get some ridiculous response from you. I really don't care . . ."

Walker & O’Neill then flew the crew member here to Miami, and arranged for her to see a U.S. board certified orthopedist who determined that the first surgery was a failure.  Royal Caribbean nonetheless refused to reinstate the crew member’s benefits or provide her with the necessary medical care.

The three member Arbitration panel found Royal Caribbean’s refusal to pay maintenance and cure benefits to be:

" . . . not reasonable.  The denial of those benefits lacked any reasonable defense . . . "

The Arbitrators awarded the crew member $1,250,000.00.

Royal Caribbean was also found responsible for $11,650.00 for the administrative costs of the International Center for Dispute Resolution ("ICDR") as well as $48,970.00 for compensation of the Arbitrators.  

This award is the highest arbitration amount awarded to an injured crewmember since cruise lines began arbitrating cases. The award demonstrates the consequences of a cruise line unlawfully abandoning an ill crewmember and spitefully terminating her medical benefits. 

The crew member was represented by James (“Jim”) Walker and Lisa O’Neill of Walker & O’Neill P.A. and Jonathan Aronson of the Aronson Law Firm.

Royal Caribbean was represented by Curtis Mase of the Mase, Lara & Ebersole law firm.

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Multiple new sources in the U.K. are reporting that a crewmember from the Celebrity Eclipse cruise ship went overboard last night and is presumed dead.

Sky News reports that, according to the cruise line, a Filipino crewmember was captured on closed circuit television (CCTV) climbing over a railing and jumping from the cruise ship.  The luxury cruise ship, operated by Celebrity Cruises here in Miami, was eight miles north of Cherbourg, France, heading to Southampton when the incident happened.  The cruise ship alerted the French Coast Guard and turned the vessel around in an attempt to rescue the crewmember.

The French Coast Guard stated "We deployed our resources to find him but it was to no avail and we can now presume that he is dead . . . The water was very cold and there is no hope for him."

We last reported on a Celebrity crew overboard just two months ago - Crew Member Goes Overboard from Celebrity Constellation Cruise Ship.

Unfortunately, overboards from cruise ships in the Royal Caribbean / Celebrity Cruises fleet appear to be a regular occurrence.  In March, we wrote an article about another crew member disappearing - Crew Member Missing from the Grandeur of the Seas - Why Are So Many People Disappearing From Royal Caribbean Cruise Ships?

Of course, missing crew members are not limited to Royal Caribbean cruise ships - Carnival Cruise Employee Goes Overboard - Does the U.S. Media Care When Foreign Crew Members Disappear at Sea?

There is no official database of passengers and crew who go overboard from cruise ships. The cruise lines say that this is something that they just don't track.  Perhaps they should start studying the problem.  The best source for tracking cruise overboards is cruise expert Professor Ross Klein's website which lists 160 overboards in the past ten years.

In this latest case, the news sources are indicating that the crew member was a Filipino, which probably means that he was a waiter.  The Filipinos on cruise ships work incredibly long hours and are away from their families for long periods of time.  At this point, it is unknown what led him to jump if this is what happened.

Does anyone have information about what happened?  Please leave a comment below.   

Photo credit:  Travel Weekly Blog  

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Local ABC affifilaite channel 7 in Los Angeles has this update on the disappearance of Rebecca Coriam, a youth counselor employed on the Disney Wonder cruise ship:

If you have information about Rebecca, please contact her family:

Website:    Rebecca-Coriam.com
Email:         help@rebecca-coriam.com
Coriam Family:         07747359968
Media Spokesman:     07932815970

You read other articles about Rebecca's disappearance, click here.
 

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Today we received emails commenting on the bad medical treatment provided on board Royal Caribbean cruise ships and the recent $2,900,000 verdict against the cruise line for its negligent medical treatment rendered to an injured crew member from Nicaragua.  Here are the emails:

On the $2,900,000 verdict we reported on last week:  "Having worked for Royal Caribbean I totally believe this is justified!  Well done Jury!"

Death Wish?:  "I too could write a book about the atrocities of medical care onboard during my 4 contracts.  I suffered an injury and was sent to see a doctor in Curacao, and I'm an American citizen!  When I said that I wanted to see a doctor on port day in Miami I was told that they could not arrange it (we were still 4 days away from Miami) and I would have to wait until the following port day, 11 days later if I did not want to see the doctor in Cuaracao." 

19th Century Hospital:   "While working on ships we had 1 doctor terminated for downloading porn onto his work computer.  He stated he was doing "medical research."  Then there was the cruise where 3 people died, 1 from a stroke and 2 from heart attacks.  Both doctors were terminated at the end of that cruise.  Why?  Because apparently the nurses had to talk them through CPR!  Absolutely disgusting.  I've told family members and friends that if they ever get hurt or injured on a cruise ship the last place they want to go is to the ship's infirmary.  The "medicine" dished out is reminiscent of early 19th century hospitals, where one only went if he or she had a death wish."

Fend For Yourself:  "I am an American citizen who worked for Royal Caribbean.  I left the ship in the last quarter of my last contract with an injury. It was even tough for me to get RCCL to cover decent medical treatment for me as an American citizen.  I cannot even imagine what it is like for crew members who are sent back to their countries of origin.  Forget about any sort of living compensation while shoreside for treatment.  I was able to live with my parents, but if I hadn't had that option I would have had quite a bit of difficulty.  It is shameful the way they sign crew members off of ships to fend for themselves."   

We have written articles about Royal Caribbean's abuse of its crew members:

Cruise Ship Medicare Care - Royal Caribbean Gives Their Crew Members the Royal Shaft 

Titanic Dreams - Royal Caribbean Wins Worst Cruise Lines in the World Award. 

Have you received medical treatment on a Royal Caribbean?  What was your experience?

Photo Credit:  Jim Walker

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The U.S. Coast Guard issued a press statement that it is searching for a crew member from the cruise ship Pacific Venus, which was sailing from Hawaii back to Yokohama, Japan.

The 24 year-old crew member was noticed missing at approximately 2 p.m., on Saturday, February 20th, after he failed to show up for his post aboard the cruise ship. The Master of the Pacific Venus' called the Coast Guard in Honolulu at 5 p.m. Saturday to report the missing crew member and to say the ship had turned around to look for him.

The Pacific Venus spent several hours Saturday afternoon searching for the crewmember before sunset in an area where he was last seen been aboard the cruise ship.

The Coast Guard deployed two C-130 long-range search aircraft to search for the overboard crewmember.

The Coast Guard also reports that a "Good Samaritan" vessel, a Japanese vessel Nippon Maru, answered a call to help through the Automated Mutual-Assistance Vessel Rescue (AMVER) program, and searched for the crewmember.

A newspaper in Hawaii reports on the story in an article entitled "Coast Guard Continues to Search for Overboard Cruise Ship Crew Member" and indicated that the Coast Guard will continue searching for the overboard crewmember.

Credit

Pacific Venus cruise ship                      ykanazawa Flickr photostream
 

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