U.S. Coast Guard Medevacs Injured Passenger from Disney Wonder

Disney WonderMilitary Technologies reports that the U.S. Coast Guard medevaced a 66 year old passenger last night. The woman was reportedly seriously injured after she fell down stairs on a Disney cruise ship at approximately 8 P.M. Monday evening. The passenger reportedly suffered a serious injury described as a skull fracture and bleeding.

The ship, the Disney Wonder, was about 50 miles from Galveston at the time of the medevac.

The Disney Wonder contacted the Coast Guard station in Houston to report the injury. The station dispatched a MH-65 Dolphin helicopter crew to pickup the injured woman and flew her to the University of Texas Medical Branch in stable condition at approximately 11:15 P.M.

Photo credit: Shorelander CC 2.5 commons / wikimedia.

Carnival Liberty Suffers Power Loss

The Carnival Liberty cruise ship experienced unspecified "technical problems" which affected its propulsion and delayed its return to and departure from Galveston yesterday. The problem is substantially slowing the cruise ship.

The Liberty should have arrived early yesterday morning to Galveston, however Carnival stated that there was a technical problem that slowed the ship and needed to be fixed. The repairs were expected to delay the ship's departure.

Carnival is still sailing to Cozumel but has canceled the cruise to Progeso, Mexico.

Local newspapers reported that passengers will get a $50 credit on their shipboard account, a 25 percent discount on a future five-day cruise, and a $25 per person credit to help pay for meals on Monday given the late departure time.

This problems come after a weekend where two two Carnival owned cruise ship operated by Princess Cruises, the Grand Princess and the Emerald Princess, experienced temporary power outages. 

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November 1, 2016 Update:  AIS shows the Carnival Liberty still in port in Galveston.  Carnival reportedly canceled the cruise as of this morning. 

Carnival sent this statement this morning:

LIBERTY TECH ISSUE

NOVEMBER 1 – 9:40 am EDT

"The cruise ship Carnival Liberty, which is homeported in Galveston, Texas, is experiencing a technical issue which is affecting the ship’s maximum cruising speed. The issue is only affecting the ship’s speed and all other systems are operating normally. The ship arrived in Galveston yesterday and since then we have been working with outside technical experts which we brought on to help us confirm our repair plan.

Guests had boarded the vessel yesterday in anticipation of sailing, however, outside technical experts, together with the ship’s technical team, conducted a deeper inspection of one of the diesel generators overnight and uncovered an additional problem not previously known. It has now been determined that one of the alternators cannot be readily fixed. This means the ship will not be able to maintain the sufficient speed needed to operate the itinerary as planned and unfortunately we must cancel today’s cruise.

Guests scheduled to sail on this voyage will receive a full refund of their cruise, along with a 100 percent future cruise credit and $90 per person reimbursement representing a previously promised onboard credit and stipend for meals in Galveston yesterday.

While repairs are ongoing, the itinerary for the ship’s next two voyages will be modified, as well. The Nov. 5 five-day cruise will include a full day call in Cozumel, however, the call in Progreso will be cancelled. The Nov. 10 four-day cruise will include a call in Progreso instead of Cozumel. Guests sailing on these voyages will receive a $50 per person credit to their shipboard accounts and a 25 percent discount on a future Carnival cruise. Guests also have the option of cancelling and receiving a full refund. Voyages departing Nov. 14 and beyond are scheduled to operate their normal itinerary.

We sincerely apologize to our guests for this disruption in their vacation plans." 

November 5, 2016 Update: CARNIVAL CANCELS SECOND CRUISE, DEPARTING SATURDAY.

Novenber 10, 2016 Update: Carnival modifies the itineraries for the Liberty’s cruises through the month of November.

 

Carnival Magic Returns to Galveston - "#EbolaCruise" Scare Over?

This morning the Carnival Magic returned to the U.S. as the sun arose over the sleepy little town of Galveston.  

The Texas Presbyterian Hospital worker who handled Ebola-infected Thomas Duncan samples disembarked the ship after attempts to fly her back to the states from Roatan failed. As the Magic headed back from Mexico, a helicopter arrived courtesy of the U.S. Centers for Disease Control and Prevention (CDC) to pick up her blood samples to make certain that she was not infected with the Pier 23 Galveston Carnival Magicdeadly disease. 

Ms. Clueless-Cruising-Ebola-Handling-Healthcare-Worker is probably the most hated cruise passenger in the world right now after a boat load of fun seeking cruisers had to miss two ports of call and endure wild speculation whether they all could become infected during what Twitter was calling the #EbolaCruise

Carnival is telling everyone that the healthcare worker was at low risk of becoming infected because the virus is difficult to contract and she was already at day 19 of the 21 day incubation period. But this is a cruise line which refuses to consider issuing a refund to a passenger who discloses that they may have come into contact with Ebola. And this begs the question why Ms. Typhoid-Mary-Cruiser was on the cruise during the incubation period of such a deadly disease in the first place,

Carnival didn't bother to have an Ebola health questionnaire in place to screen the worker from the cruise ship (assuming it would be answered honestly) , a major faux pas from a cruise line still stinging from the Triumph "poop cruise" and Concordia "crash cruise" blunders.

Carnival also invented a new phrase during the #EbolaCruise scare - "self quarantine."  I would have loved to have seen the Cruise Director's face when the CDC informed the Carnival ship that the Texas Presbyterian Hospital worker was aboard. I wonder where they found her? On the Lido deck by the pool? In a jacuzzi with a pina colada in her hand? Loading her plate at the buffet?

Carnival assures us that she had "self quarantined" herself in her cabin. B.S. I say. The cruise line tried to get her the hell off of the ship and into a waiting jet in Roatan until Honduras government officials nixed the emergency flight.

I wonder whether Carnival insisted that she use a red bio-hazard bag when she emptied her bowels and bladder during the cruise? Or did she just use the cabin bathroom and her feces and urine were dumped untreated at sea by Carnival with everyone else's raw sewage?  Oysters-Ebola anyone?

There is a joke circulating on the internet that the first symptom an Ebola patient suffers from is an uncontrollable urge to go on a cruise.

Carnival was not going to let this lady wander around the decks for no other reason than drunk angry passengers might have thrown her overboard.  

 

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Photo Credit: Galveston.com Pier 23 Web Cam

Texas Hospital Worker Who Handled Ebola Samples is on the Carnival Magic

ABC News reports that a Dallas health care worker who handled clinical specimens from Ebola-infected Thomas Duncan is on a Caribbean cruise aboard the Carnival Magic.

The cruise line says that the female worker is allegedly being "self-quarantined" and is being monitored for signs of infection. She apparently has no symptoms yet. 

She departed on a cruise ship from Galveston, Texas, on October 12th was out of the country before being notified of active monitoring required by the Centers for Disease Control and Prevention (CDC). She works at the Texas Health Presbyterian Hospital, which treated Mr. Duncan (who died) where nurses Carnival MagicNina Pham and Amber Vinson tested positive for Ebola.

The hospital is being roundly criticized for having sloppy and irresponsible procedures to respond to an Ebola patient.

Carnival released a statement, saying:

"We are in close contact with the CDC and at this time it has been determined that the appropriate course of action is to simply keep the guest in isolation on board." 

But there is a dispute whether Carnival had any choice but to keep the worker on the cruise ship. 

Belize (the port of call yesterday) banned the passenger and her traveling partner from entering the country. The ship has already stopped in Mahogany Bay, Honduras on Wednesday and is scheduled to sail on to Cozumel. 

A newspaper in Belize contains dramatic information indicating that the Prime Minister in Belize denied entry into Belize for the "stricken U.S. nationals to be air lifted to the U.S.A. for treatment." 

A news reporter in Belize quotes on her Facebook page an official source in Belize that after talks were concluded between Belize and the US State Department officials, Belize will not be permitting access of the Dallas hospital worker into the country to fly back to the states. 

So it seems unlikely that this case simply involves a situation where the woman is simply "self quarantining" as Carnival suggests. It appears more likely that efforts were unsuccessfully made to get her off of the cruise ship. 

Carnival Cruise EbolaThe cruise lines need to institute a protocol where they simply ask all passengers whether they have worked around an Ebola patient in the last three weeks. The cruise lines should prohibit them from cruising and refund their cruise fare. 

I have written about Ebola and the safety of the cruising public issue last week: Ebola on the High Seas: Should Cruise Passengers Worry About Becoming Infected?

Update: Carnival sent me a statement this morning which you can read here.  Meanwhile, Mexico bars the cruise ship from disembarking passengers.  Over two weeks ago, I was tweeting and asking why the Cruise Line International Association (CLIA) had not issued Ebola-specific protocols. 

ABC News reports that the reaction on the Carnival cruise ships ranges from passengers being completely unfazed sitting by the pool to others being panicked and crying. The news accounts includes a photograph taken by cruise passenger Jeremy Malone who "saw 30 to 40 crew members with buckets of disinfectant who were lined up on along his hallway as they prepared to clean the ship . . . " It looks like these poor crew members not in protective suits were completely unprepared if this was really Ebola.

Carnival Cruise Ebola Scare

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Update: Cruise Industry is Completely Unprepared for Ebola Outbreak

Photo Credit: Wikipedia / Thomas Doerfer Creative Commons 3.0 (top); Jeremy Malone via ABC News (bottom) 

It's Always Bigger in Texas: Cruise Passengers Taxed on Cruise Booze

KHOU 11 reports that alcohol and cigarettes purchased by cruise passengers, represented by cruise lines as "duty-free products," are being taxed by the Texas Alcoholic Beverage Commission (TABC) once the ships return to Galveston.

The state of Texas will start collecting similar taxes from cruise passengers at the Port of Houston by in October.

The television station says that the state of Texas has collected over $280,000 from cruise passengers since January. 

The cruise lines misrepresent that the liquor and cigarettes are tax free, and then the TABC officials confront the returning cruise passengers as they come through customs.

The station quotes a passenger saying "They advertise it as duty free on the ship and when we get off the ship, to our surprise, it's not duty free. I think it's wrong." 

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Carnival Triumph Loses Power Again - "For 8 Minutes"

Carnival Triumph Cruise Ship KATC reports that the infamous "poop" cruise ship, the Triumph, lost power today as the Carnival cruise ship was sailing from Cozumel, Mexico back to Galveston, Texas.

According to KATC, Carnival says that the Triumph lost power "for eight minutes" after an electrical breaker failed. Carnival says the loss of power "affected ventilation in the ship's incinerator, sending smoke into limited areas of three decks."

Everyone will remember the Triumph which floated around in the Gulf of Mexico last year after an engine room fire knocked out power to the ship. Whatever happens with this infamous cruise ship will forever be closely monitored. Carnival denies that a fire broke out on the ship and denies that a fire caused the electrical outage. We have heard these denials before, like this case and this one too.

Carnival notified the U.S. Coast Guard of the incident. 

KATV reports that passengers are still on the deck waiting for the smoke to clear.

Whether a fire broke out or not, what caused the breaker to fail?

If you are on the cruise, we'd like to hear the passenger's view of what happened. Was the power out for just "8 minutes?"

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February 1 2014 Update: Passengers getting off of the ship are stating that the power was out for an hour.  Also passenger records Cruise Director announced  that "frazzled wires" caused smoke.  

 

Photo Credit: Dave Martin / AP

Fire, Fog & Medevac Mar Cruise Aboard Carnival Magic

Carnival Magic MedevacThis morning at 7:39 AM, I received the following information from a passenger on the Carnival Magic returning to port in Galveston:

"We sit outside the harbor in the fog this morning. Last night the coast guard had to airlift a passenger for medical reasons and yesterday morning we had a fire. Deck 11 forward. The crew says it was not a fire but hot electrical. Smoke was coming down to other decks, there is water and wet floors up there so they can call it what they want . . . Pic of the chopper attached."

We are also told Carnival had fans and machines out on deck 11 and there was standing water in the halls. One passenger said "it might have just been a hot circuit but they sure used a lot of water, which made no sense on electrical."

Passengers are now disembarking from the cruise ship.

Does anyone on this cruise have information, photos or video to share?

Please leave a comment below, or join the discussion on our Facebook page.

Carnival's response:

"On Saturday morning aboard the Carnival Magic, there was a smell of smoke reported along a guest corridor. The issue was identified as an overheated electrical component within an air conditioning vent located within a guest stateroom. There was no fire. The issue has since been fixed. Guests were kept apprised of the situation with announcements over the ship’s public address system and shipboard staff were positioned in the area where the smoke was reported to advise guests and answer any questions.

Additionally, on Saturday afternoon, the ship rendezvoused with a U.S. Coast Guard helicopter to airlift a guest in need of immediate medical attention. The guest was taken to a shoreside medical facility for further treatment.

Carnival Magic was on a seven-day cruise to the Caribbean that returned to its home port of Galveston earlier this morning."

Here We Go Again: Norovirus Sickens 100 Passengers on Crown Princess Sailing to Galveston

Princess Cruises Crown Princess NorovirusA Galveston television station reports that a Princess Cruises' ship, sailing from Venice, Italy with a final destination in Galveston, has stricken nearly one cruise passengers with the dreaded norovirus.

KHOU states that the 20-day cruise turned out to be the "trip from hell" for dozens of passengers who fell ill. Ninety six passengers and six crew members on the Crown Princess became ill with the highly contagious norovirus.

With passengers stricken with nausea, vomiting and diarrhea, a spokesperson for Princess Cruises responded that the cruise line took "extra precautions" with sanitation such as disinfecting "high-touch surfaces like railings, door handles and elevator buttons, encouraging passengers to use correct hand washing procedures and enhancing this with the use of hand sanitizing gels placed throughout the ship." 

Like all other of the many cruise norovirus cases, there will be no effort to scientifically determine the cause of the outbreak and try and track it down to either hand-to-hand contact from a passenger or crew member or from contaminated food or water.  Yes the enhanced cleaning is appropriate but Crown Princess Cruise Ship Noro Viruswon't do too much good if the nasty bug is in the food and/or water.  

The Crown Princess cruise ship left Venice on December 2, 2012 and is scheduled to arrive in Galveston on Saturday.

The Crown Princess experienced several bouts of norovirus earlier this year resulting in hundreds sick and one cruise to be cut short.

The first outbreak struck on the ship's January 28, 2012 cruise cruise and again on the February 4, 2012 cruise with several hundred passengers and crew members becoming ill. After the second outbreak Princess brought the ship back to Fort Lauderdale two days early for an “enhanced cleansing protocol.”

The Crown Princess also had some nasty noro outbreaks in December 2011 which you can read about here and here.

Anyone with info about this latest outbreak please leave a comment below. Or please leave a comment on our facebook page about this story.

Crown Princess Web Cam GalvestonDecember 22, 2012 Update: I am informed that there was a "red alert" for disease outbreak aboard the Crown Princess throughout the Atlantic crossing.  The cruise ship is now in Galveston (as you can see from the ship's bridge cam) and the CDC will board.  If you were on the cruise, how do you think the cruise line handled the outbreak?  Is around 100 sick passengers an accurate number of guests affected by the norovirus?  

Don't forget to read: "Why Do the Cruise Lines Always Blame the Passengers When Norovirus Breaks Out?"

 

Photo credit:

Top: AP via Fox News

Middle: WPTV

Bottom: Princess Cruises

Coast Guard Medevacs Pregnant Cruise Passenger From Disney Magic

News sources are reporting that the U.S. Coast Guard rescued a woman "experiencing pregnancy issues" on a Disney cruise ship approximately 180 miles from Galveston coast early today. 

A Coast Guard helicopter crew medevaced the 31 year old woman from the Disney Magic cruise ship and flew her to the University of Texas Medical Branch in Galveston. The captain of the ship requested the medevac late yesterday Friday night.

Disney reportedly said passengers cannot sail on a ship if they are more than 24 weeks pregnant.

This is the second cruise passenger medevaced from a cruise ship today.  Earlier this morning a helicopter rescued a passenger from a Princess cruise ship off of the coast of Australia. 

The U.S. Coast Guard video of the Disney medevac is below:

A Shot Across The Bow - Lawyers for German Tourist, Killed in Costa Concordia Disaster, Seize the Carnival Triumph

There is a lot of controversy today about the seizure of the Carnival Triumph cruise ship in Galveston. Lawyers in Mississippi and Texas who are representing the family of a German woman killed on the Costa Concordia filed a lawsuit against Carnival in Galveston.  In addition to the lawsuit, they filed a motion to obtain an order of attachment of a Carnival cruise ship (the Triumph) which is ported in Galveston.  

I have received lots of inquiries about the issue this afternoon.  Can someone just fill out some paperwork and seize a cruise ship like this?  Why is the Carnival Triumph being seized in Texas for something the Costa Concordia, operated by a separate cruise line, did in Italy?  Is this legal?

All good questions.

Carnival Triumph Arrest - GalvestonMaritime attachments or writs of garnishment are not uncommon. The legal mechanism of seizing a vessel is an effective tool when the vessel owner is in default of its legal obligations, like falling behind on the payment of a ship mortgage, or refusing to pay crew member wages, or refusing to pay for provisions or services rendered on behalf of a ship.

Vessel seizures (often called "attachments" or "arrests") are necessary when the defendant is a foreign corporation, which is not subject to the jurisdiction of the local courts, and its vessel is about to leave the jurisdiction and not return.  It's a good way to obtain jurisdiction and make the company post a bond. If the seizure is proper, then the company has to post a bond to cover its outstanding financial obligations and court / U.S. Marshall costs in order for its vessel to leave port.   

I remember the first time I seized a ship.  It was in 1983 and I was fresh out of law school.  A Greek crew member was owed wages which the shipowner refused to pay.  He hired me to collect around $15,000 in unpaid wages. The lawyer for the shipowner had around 30 years of experience under his belt and was not taking me or my client seriously.  The defense lawyer kept saying that the shipping company was going to pay my client.  But he kept stalling and making excuses.

One afternoon I learned that the ship was planning on departing the port of New Orleans late that night. If I later obtained a judgment on behalf of my client, I knew that it would not be worth the paper it was written on because the shipping company was based in Greece.  I had to shut the ship down.

I quickly typed up a writ of maritime attachment, completed an affidavit and ran down to the Federal courthouse to file the writ and affidavit.  My secretary meanwhile called the U.S. Marshall's office telling them that we expected to have an order seizing the Greek ship shortly, while also asking for directions for me to find the Marshall's office.

Later that evening the Marshall's office served the vessel with the attachment order.  Shortly thereafter, I received a frantic call from the defense lawyer who was now motivated to do what he had been promising to do for six weeks. We met at a shipping warehouse off of Tchoupitoulas Street.  After we resolved the payment issues, I called the Marshall's office which released the ship to sail down the Mississippi River into the night.     

So what does this have to do with the seizure of the Triumph in Galveston?  Nothing, quite frankly. Carnival owes no unpaid debt to the German family.  As sympathetic as I am to the loss of life involved, the fact remains that the death occurred on another cruise ship operated by another cruise line in another country.   

The proper location for lawsuits arising out of the Concordia is Genoa, Italy.  The proper defendant? Costa Crociere, the operator of the cruise ship.  I am no fan of cruise lines, but the facts are the facts. This is an Italian cruise ship.  It is flagged in Italy.  Costa is incorporated in Italy.  Its principal place of business is Genoa, Italy.  The cruise tickets issued to the passengers specify that all disputes must Carnival Triumph Cruise Ship - Arrest - Galvestonbe resolved in Genoa, Italy.  The accident, after all, occurred in Italian waters and is being investigated by the Italian Coast Guard.  There are criminal proceedings in Italy against the Italian captain.

It may well be that seizing the cruise ship was a ploy to try and keep the case in Galveston, whose judges are friendlier to individuals than our Federal courts in Miami, and to take Carnival's home court advantage away.  But there is no connection between the Concordia and Texas.  These passengers are from Germany, for goodness sakes. There is no good reason to seize a Carnival cruise ship for the sins of another cruise ship operated by a different company. 

Unlike the fly-by-night Greek shipping company that tried to rip off my client 29 years ago, Carnival is not going anywhere.  It has tens of billions of dollars in assets here in Miami.  The lawyers who don't want to sue in Genoa can file suit here in Miami, like others have done, and take their chances.  There are many hundreds of lawsuits filed against Carnival here every year.  It would be bedlam if a cruise ship was seized every time a lawsuit was filed.  

So what is this all about? 

The main lawyer for the German family is John Eaves Jr., who practices in Jackson, Mississippi. He told Bloomberg Businesseek that “We’ve not been able to get Carnival’s attention, so this is our shot over the bow to let them know we’re serious about changing the law and maritime standards,” Eaves said. “We want a uniform set of safety standards, and we won’t stop until we get it.”

Seizing a cruise ship to make a point is not a good idea.  Mr. Eaves seems well intended.  Yet, an attachment is not legally required nor justified in these circumstances. The public doesn't like it.  The families on the Triumph don't deserve the hassle. 

Stricter maritime safety laws are needed no doubt.  That's what Congress is for.  I know, I have attended seven Congressional hearings. The process is slow and often discouraging.  But jacking up a cruise line like this is not the way to do it.  

 

Read the lawsuit here: Kai Stumpf v. Carnival Plc, 3:12-cv-0099, U.S. District Court, Southern District of Texas (Galveston)

Photo credit: Top: Sims Travel; bottom: Eaves Law Firm

 

April 1, 2012 Update: The Triumph sailed on time out of Galveston.  There is no indication that Carnival was required to post a bond.  Newspaper accounts indicate that the issue of the vessel arrest was resolved through a "confidential agreement" between the parties.  The Houston Chronicle quoted me in an earlier article about the issue which can be read here

Carnival Cruise Crewmember Goes Overboard - Did He Slip or Jump?

There are conflicting reports regarding why a Carnival cruise employee ended up overboard yesterday about a 100 miles south of Galveston. The crewmember was employed on the Carnival Magic cruise ship and went overboard while the cruise ship was underway around 10:30 PM Saturday night. The ship called the U.S. Coast Guard, but the ship's crew rescued the crewman before the Coast Guard could arrive. 

A news station in Galveston was on of the first to report on the overboard situation. The station indicates that the cruise line indicated that the employee was working on the deck when he slipped over the railing. Other news sources indicate that he was wearing a life vest when he fell.  If these accounts are correct, my speculation is that perhaps the crewmember was working for some reason Carnival Magic Cruise Ship - Man Overboard - Crewmemberon or near the railing and had not properly attached his safety harness.      

Subsequent accounts, however, suggest that the crewmember "jumped."  A second news source in Galveston quotes the cruise line saying that at about 10:53 p.m. on Saturday, the crewmember “was witnessed jumping overboard.” 

In over 25 years of practicing maritime law, I have never heard a cruise line admit that a crewmember or passenger went overboard due to an accident or foul play.  If a cruise line is going to say anything, it will always be that the person intentionally jumped overboard.  In other words, its their fault.

Perhaps the crewmember did jump.  I don't know.  But if he was working and wearing a life vest, why would he decide to jump?

The good news is that he was rescued and is alive.  But it's disturbing to have such varying accounts of the incident.

The Magic returns to Galveston today.  Does anyone who sailed on the Carnival ship know what really happened?  Please leave a comment below.