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John H. (Jack) Hickey

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Archive for June, 2011

WOMAN AIRLIFTED FROM ROYAL CARIBBEAN CRUISE – NOT ALL SICK PASSENGERS ARE SO LUCKY

Monday, June 13th, 2011

On Saturday, June 11, 2011, a 57 year old seriously ill passenger on Royal Caribbean’s Independence of the Seas was airlifted off the ship.  The woman was taken to Dorset County Hospital in the United Kingdom where she is said to be in stable condition. 

Rescue’s like this do not always take place.  One of our clients was a passenger on the Celebrity Summit and also became critically ill.  However, in the case of our client, the ship’s employees and physician chose to keep him onboard and did not call for a medical helicopter.

Celebrity Cruises pays its physicians minimally but provides that they receive a percentage of the payments made by the passengers through its billing system.  As a result of this, the onboard physician was provided with an incentive to keep the passenger onboard despite the lack of facilities, despite the fact that the onboard physician was overworked and overwhelmed and despite the fact that the passenger needed more sophisticated medical care on land, the cruise line provided the physician with an incentive to keep the passenger onboard in order to bill and receive compensation.  In fact in this case, the passenger was kept onboard when he should have been removed from the ship and flown to the nearest medical center and while onboard the cruise line, over a course of time, charged him almost $20,000 for medical care.

Celebrity Cruises’ Guest Services personnel and its doctor during the subject cruise refused to arrange for a medical evacuation of our client off of the ship, despite a direct request to do so, refused to speed up the ship despite a direct request to do so, refused to call in a specialist even from among its passengers, despite a direct request to make such a request,  and refused to allow our client’s wife who accompanied our client on the cruise to speak to the ship’s command including the captain to request among other things a medical evacuation in person, telling her that that was not possible and there were as many as 6 captains onboard the ship.     

Our client suffered colonic perforation, raging biventricular infection, sepsis, and he was required to undergo surgery in Puerto Rico and hospitalization in an ICU in Boston, Massachusetts, and to wear a colostomy bag from the date of his first surgery to the present date.

Primary Sources: http://www.cruiseshipnews.co.uk/20110612/cruise-passenger-airlifted-from-independence-of-the-seas/

CRUISE SHIP SAFETY CONCERNS

Tuesday, June 7th, 2011

Safety is always a concern when dealing with massive cruise ships.  There are the threats of fire and piracy but also dangers like emergency medical issues and crowd control.  With typically well over 1,000 people on board, cruise ships need to be prepared for anything.  In Fort Lauderdale, Florida, Commander Wilford Reams at  the U.S. Coast Guard Cruise Ship National Center of Expertise agrees that the number of people on cruise ships along with their immense size presents unique safety needs.

The magnitude of risk factors goes up as ships get larger, noted Reams, with more equipment onboard, more passengers and more crew. In addition, the cruise industry is pushing the envelope on innovation, coming up with the newest and greatest designs.

“Innovation can outpace prescriptive safety standards,” Reams said. “There has been a shift at the IMO to goal-based standards and performance-based designs. When designs deviate on a high technical level, that means more extensive fire and evacuation modeling.”

Recently, many different cruise lines have experienced fire and explosion problems.  In November 2010, the Carnival Splendor caught fire, leaving over 4,000 passengers and crew adrift in the ocean for 2 days.  In April 2011, the Ocean Start Pacific experienced a generator fire that also set the ship adrift.  And, just a week ago, Royal Caribbean’s Independence of the Seas was affected by a fuel tanks explosion in the port of Gibraltar.  The explosion injured 12 cruise ship passengers.

As for fire, ships are built with active and passive systems, Reams explained, with the passive system being preferred, meaning structural boundaries that will limit a fire within a defined space for a certain time. Active systems are sprinklers that rely on sprinkler heads and pumps to work.

Besides major issues like fires and medical emergencies, there are always the other safety concerns of personal injuries, like slip and falls.  Cruise lines must be aware of the designs and surfaces used in their ships.  For example, in multiple cases we have at Hickey Law Firm, P.A., the deck flooring chosen by Carnival Cruise Lines, as well as other cruise lines, has caused serious injuries from slip and falls.  This multicolored slippery resin flooring is used around most of the pools in Carnival’s Spirit class of ships and is actually most dangerous when wet.

Even though cruise ships go through rigorous safety checks and examinations, passengers must always keep in mind the possible dangers and stay aware of their surroundings.  Even with good safety management, no system is perfect and problems can and will arise.  Cruise ship passengers need to be informed and cautious.

Primary  Sources: http://www.cruiseindustrynews.com/cruise-news-articles/67-articles/5222-spring-2011-risk-management-unique-challenges.html

PERSONAL INJURY OF CHILD RESULTING FROM IMPROPER DESIGN OF CARNIVAL CRUISE SHIP WATER PARK

Monday, June 6th, 2011

The following is a description of a personal injury case we have filed.  This is a case involving a personal injury on the Carnival Splendor, a ship owned by Carnival Cruise Line.

Carnival Cruise Line owns and operates the cruise ship, Carnival Splendor. Carnival renovated the subject vessel and installed a “Splash Park,” a water park for children to play. The water park, however, was improperly designed, and the cruise line improperly manned and supervised the park. The park’s improper design includes, but is not limited to, the lack of space at the foot of the slide. There is a retaining wall or bulkhead within a few feet from the foot of the slide.

Further, the slide is a waterslide, and extremely slippery. This also increases the speed of children sliding down the slide. There is insufficient space for the child to safely get off the mat, because the slide shoots children down and onto the mat and directly into the wall. These conditions allowed children to run into each other as this prevents the first child from getting out of the line of travel in time to avoid collision with other children. There is no easy exit or walking path when children slide onto the mat at the base of the slide to avoid collision with other children. Further, the cruise line failed to provide supervision of the children on the slide and in the park to prevent one child from sliding into another. The supervision is especially important because of the slipperiness of the slide and because of the location of the retaining wall at the base of the slide.

As a result of these conditions and the negligence of the cruise line, and the failure to provide attendants and/or the failure to provide attendants in the water park, a child on the slide crashed into our client, after he was down the slide and on the mat at the base of the slide. The collision between the two children and the collision between our client and the wall caused our client to experience severe, debilitating, and permanent injuries.