John Doe v. Royal Caribbean, et al

Lipcon, Margulies, Alsina & Winkleman, P.A

March 18, 2013

John Doe v. Royal Caribbean, et al

Complaint
One danger aboard cruise ships which passengers are not commonly aware of is substandard medical care rendered by cruise ship medical staff. This situation can be made worse if a cruise ship doctor failes to timely evacuate a passenger in need of immediate emergency medical care. In this case, our experienced admiralty lawyers seek compensation for Royal Caribbean’s negligent medical care rendered to aPlaintiff as well as for the cruise lines failure to act reasonably under the circumstances by evacuating that Plaintiff to a shore side medical facility, all of which led to injury.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.
JOHN DOE,
Plaintiff,

v.

ROYAL CARIBBEAN CRUISES, LTD,
ALBERTO BERRIO (Ship’s Doctor),
DANIELA CROITORU, (Ship’s Nurse),
CHRISTIAAN HERBST, (Ship’s Nurse),
DOCTOR DOE, (Ship’s Doctor),
NURSE DOE, (Ship’s Nurse),
Defendant.
___________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff sues Defendant and alleges:

PRELIMINARY ALLEGATIONS

1. Plaintiff is a citizen of the state of Michigan and Defendant Royal Caribbean Cruises, Ltd., (“Royal Caribbean”) is a corporation incorporated under the laws of Libera having its principal place of business in Miami, Florida. Defendants Alberto Berrio, Daniela Croitoru, and Christiaan Herbst, (collectively referred to as the “Medical Defendants”) are residents of a foreign country or state other than Michigan.

2. Doctor Doe and Nurse Doe ( also “Medical Defendants”) are fictitious names of medical personnel aboard the Oasis of the Seas, included in an abundance of caution in the event that discovery reveals that other persons, whose names are not yet known to the Plaintiff, provided medical care to Plaintiff aboard the Oasis of the Seas.
3. The matter in controversy exceeds, exclusive of interest and costs, the sum specified by 28 U.S.C. 1332. In the alternative if diversity jurisdiction does not apply, then this matter falls under the admiralty and maritime jurisdiction of this Court.

4. Royal Caribbean and the Medical Defendants at all times material hereto, personally or through an agent;
a. Operated, conducted, engaged in or carried on a business venture in this state and/or county or had an office or agency in this state and/or county;
b. Were engaged in substantial activity within this state;
c. Operated vessels in the waters of this state;
d. Committed one or more of the acts stated in Florida Statutes, Sections 48.081, 48.181 or 48.193;
e. The acts of Defendants set out in this Complaint occurred in whole or in part in this county and/or state. Specifically the medical care rendered by the Defendants was rendered wholly or in part in Florida waters and/or in port in Ft. Lauderdale, Florida.

5. Defendant Royal Caribbean, was engaged in the business of providing to the public and to the Plaintiff in particular, for compensation, vacation cruises aboard the vessel, Oasis of the Seas.

6. The Medical Defendants were engaged in the business of providing to the public and to the Plaintiff in particular, for compensation, medical care aboard Royal Caribbean ships in Florida waters.

7. All of the Defendants are subject to the jurisdiction of the Courts of this state.

8. With regard to the Medical Defendants, exercising jurisdiction over the Medical Defendants is consistent with the United States Constitution and Laws due to the Medical Defendants national contacts with the United States.

9. The Medical Defendants are believed to be non-residents of the State of Michigan who provided in whole or in part medical care to Plaintiff aboard the vessel Oasis of the Seas, while in the territorial waters of Florida and/or in port in Florida.

10. The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.

11. At all times material hereto, Defendant Royal Caribbean owned, operated, managed, maintained and/or controlled the vessel, Oasis of the Seas.

12. At all times material hereto, Defendant Royal Caribbean owned, operated, managed, maintained and/or controlled the medical equipment in the ship’s medical facility aboard the vessel Oasis of the Seas, including but not limited to an EKG and X-ray machine, which the Medical Defendants attempted to use to diagnose the Plaintiff’s medical condition.

13. At all times material hereto, Defendants Alberto Berrio and Doctor Doe were the ship’s doctors working in the vessel’s medical facility, with the intent of providing medical care to passengers, including Plaintiff, in Florida waters. Defendants Daniela Croitoru Christiaan Herbst, and Nurse Doe were the ship’s nurses working in the vessel’s medical facility, with the intent of providing medical care to passengers, including Plaintiff, in Florida waters.

14. At all times material hereto, Defendants Alberto Berrio and Doctor Doe, the ship’s doctors, were apparent agents and/or joint venturers and/or partners of Defendant Royal Caribbean, and at all times acted within the course and scope of their apparent agency and/or joint venture and/or partnership.

15. At all times material hereto, Defendants Daniela Croitoru, Christiaan Herbst, and Nurse Doe, the ship’s nurses, were agents and/or employees and/or servants and/or apparent agents and/or joint venturers and/or partners of Defendant Royal Caribbean, and at all times acted within the course and scope of their employment, agency, apparent agency, joint venture, or service.

16. At all times material hereto, Defendant Royal Caribbean agreed to provide indemnity insurance coverage for the Medical Defendants, regarding the claims asserted in this action. Plaintiff was, and continues to be a third party beneficiary to that indemnification agreement. Further, upon information and belief, the Plaintiff and/or treatment of the Plaintiff is contemplated in these agreements, which also subject the Medical Defendants to the jurisdiction of this Court.

17. On or about April 27, 2012, Plaintiff was a paying passenger on Royal Caribbean’s vessel which was in navigable waters.

18. At all material times, Royal Caribbean allowed a hazardous condition to exist aboard its vessel by way of having a medical facility staffed by physicians/nurses lacking the reasonable skills, qualifications, and/or competencies to adequately diagnose and treat emergency medical situations like Plaintiff’s.

19. On or about April 27, 2012, Plaintiff was severely injured due to the failure of Defendants to promptly, adequately and properly diagnose his ruptured spleen while aboard Defendant’s vessel. Further, Plaintiff was severely injured due to the Defendants’ refusal to evacuate him from the Oasis of the Seas despite three separate requests by the Plaintiff, that included an offer to pay for any costs associated with the evacuation. Throughout the night, Plaintiff was suffering from severe abdominal pain and radiating pain in his shoulder. As a result, Plaintiff visited the ship’s medical facility to seek treatment. Rather than promptly and adequately diagnosing and treating the Plaintiff’s ruptured spleen, the Medical Defendants diagnosed the Plaintiff as suffering from a heart attack[1] and administered a hazardous amount and combination of drugs. Despite the serious nature of his condition, Plaintiff’s departure from the vessel was delayed for a substantial period of time due to the Defendants’ refusal to evacuate him despite repeated requests. During this delay, the Plaintiff suffered severe injuries by reason of bleeding profusely into his abdominal cavity, suffering infection, and being administered blood thinners that brought his blood pressure to a critically low level. The delay in treatment, coupled with the hazardous combination of drugs, caused Plaintiff severe injuries.

20. Once the Oasis of the Seas reached port in Ft. Lauderdale, the Plaintiff was disembarked into an ambulance and rushed to the hospital. Despite the critical nature of Plaintiff’s injury which required emergency surgery, the Plaintiff’s blood pressure was too low to perform surgery due to the drugs administered by the Defendants. Doctors at the hospital performed a blood transfusion and informed Plaintiff that he had been treated with three times the amount of blood thinners that would have been appropriate to treat a heart attack.[2] When Plaintiff was stabilized over a day later, he underwent emergency surgery, wherein approximately three gallons of blood were removed from his abdomen. Thereafter, the Plaintiff was placed in a medically induced coma where he remained for 8 days. As a result of the Defendants’ negligence, Plaintiff was and remains disfigured, suffered agonizing pain, had to undergo extensive physical therapy including re-learning how to walk, had to have twice daily injections into has abdomen, has blood clots and an ongoing blood condition which could lead to further life threatening blood clots, suffers continued discomfort, memory loss, missed significant amounts of work, and lost valuable client relationships as a result of that lost working time.

COUNT I – NEGLIGENCE AGAINST ROYAL CARIBBEAN

FAILURE TO TIMELY EVACUATE THE PLAINTIFF

Plaintiff re-alleges, adopts, and incorporates by reference paragraphs one through twenty as though originally alleged herein, and further alleges:

21. It was the duty of Defendant Royal Caribbean to provide Plaintiff with reasonable care under the circumstances.

22. This includes a duty to furnish such aid and assistance as ordinarily prudent persons would render under similar circumstances. See Rinker v. Carnival Corp., 836 F. Supp. 2d 1309, 1316 (S.D. Fla. 2011) quoting Barbetta v. S/S Bermuda Star, 848 F.2d 1364, 1371 (5th Cir.1988).

23. On or about April 27, 2012, Royal Caribbean breached its duty to furnish such aid and assistance as ordinarily prudent persons would render under similar circumstances.

24. On or about April 27, 2012, Plaintiff was severely injured due to the failure of Royal Caribbean and/or its agents, servants, and/or employees to furnish such aid and assistance as ordinarily prudent persons would render under similar circumstances as follows:

1.
a. Failing to medically evacuate the Plaintiff to a shore-side medical facility despite being within a reasonably close proximity to same; and/or
b. Failing to request the assistance of the U.S. Coast Guard and/or a private air ambulance to airlift a passenger in a life-threatening condition, despite the reasonable availability of such aid; and/or
c. Failing to arrange for the immediate medical evacuation of Plaintiff when his vital signs reached critical levels, despite medical evacuation being reasonably available; and/or
d. Failing to arrange for the immediate medical evacuation of Plaintiff, despite three pleading requests from Plaintiff for immediate medical evacuation; and/or
e. Failing to arrange for the immediate medical evacuation of Plaintiff, despite there being a helipad on the Oasis of the Seas designed and/or suitable for such a medical evacuation; and/or
f. Failing to arrange for the immediate evacuation of Plaintiff, despite Plaintiff’s promise that he would pay for such evacuation upfront and in cash and would not hold Royal Caribbean responsible for the costs associated with that medical evacuation; and/or
g. Failing to promulgate and/or enforce adequate policies and/or procedures aimed at determining the viability of an emergency medical evacuation.

2. All of the above caused the Plaintiff to be injured and/or caused the Plaintiff’s injuries to be aggravated and made worse.

3. Royal Caribbean knew or should have known[3] of the severity of the Plaintiff’s injuries and the immediate need for medical evacuation under the circumstances and should have furnished such aid.

4. In light of their knowledge and/or constructive knowledge, Royal Caribbean, negligently failed to evacuate the Plaintiff.

5. As a direct and proximate result of Royal Caribbean’s negligent failure to evacuate the Plaintiff, the Plaintiff’s ruptured spleen was not properly and timely diagnosed and treated. Further, as a direct and proximate result of Royal Caribbean’s negligent failure to evacuate, Plaintiff was administered a hazardous combination and amount of drugs which worsened his condition and delayed life-saving surgery.

6. As a result of Royal Caribbean’s negligence, Plaintiff was injured about his body and extremities, including severe infections to his abdomen, his pancreas was injured in a subsequent surgery causing an abscess, he developed blood clots, lost memory, had to re-learn to walk, suffered physical pain and suffering, mental and emotional anguish, loss of enjoyment of life, disability, impairment, inconvenience in the normal pursuits and pleasures of life, feelings of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of his injuries including psychiatric and life care, incurred special transportation costs after being discharged from the vessel, suffered physical handicap including having to relearn to walk, lost wages, income lost in the past and future, and his working ability and earning capacity have been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. Further, Plaintiff lost the value of his vacation cruise for which he incurred expenses, including, but not limited to the cost of the cruise ticket for himself and others as well as transportation costs.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law against Royal Caribbean and demands jury trial of all issues so triable.

COUNT II – NEGLIGENCE AGAINST ROYAL CARIBBEAN

FOR NEGLIGENT RETENTION AND HIRING OF THE MEDICAL DEFENDANTS

Plaintiff re-alleges, adopts, and incorporates by reference paragraphs one through twenty as though originally alleged herein, and further alleges:

1. At all times material hereto, Royal Caribbean chose to hire medical personnel to work onboard the Oasis of the Seas and thus owed Plaintiff a duty to hire medical personnel that were competent and qualified. See Rinker v. Carnival Corp., 753 F. Supp. 2d 1237, 1242-43 (S.D. Fla. 2010) citing Barbetta, 848 F.2d at 1371.

2. On or about April 27, 2012, Royal Caribbean breached its duty to hire medical personnel that were competent and qualified.

3. On or about April 27, 2012, Plaintiff was severely injured due to the failure of Royal Caribbean and/or its agents, servants, and/or employees to hire and staff the Oasis of the Seas with competent and qualified medical personnel as follows:
a. The Medical Defendants could not properly operate and or analyze the results of the diagnostic machines onboard the Oasis of the Seas; and/or
b. The Medical Defendants diagnosed and then mis-treated a condition the Plaintiff was not even suffering from. This mis-diagnosis and mis-treatment caused Plaintiff further injury because he was administered three times the amount of blood thinners that a patient being treated for a heart attack would normally be administered, even though the Plaintiff was not having a heart attack, but rather was suffering from a ruptured spleen; and/or
c. The Medical Defendants were unable to diagnose the severity of the Plaintiff’s injuries despite his vital signs being at obviously critical levels, that a reasonably prudent lay person would realize were indicative of a life threatening condition; and/or
d. The Medical Defendants were hired without properly vetting their qualifications, skills, and/or training; and/or
e. Failing to promulgate and/or enforce policies and procedures aimed at hiring and/or retaining competent medical personnel; and/or
f. Failing to promulgate and/or enforce policies and procedures aimed at determining the continued competency and/or adequacy of the care being provided by the Medical Defendants once they were already in the employ of Royal Caribbean; and/or
g. The Medical Defendants’ employment with Royal Caribbean continued despite prior incidents demonstrating their incompetence as ship’s medical personnel.

4. At all material times, Royal Caribbean knew or should have known of the incompetence of the Medical Defendants, yet did not remove the Medical Defendants from the Oasis of the Seas.

5. All of the above caused the Plaintiff to be harmed when he was mis-diagnosed, mis-treated, delayed in receiving proper medical care, and prevented from being medically evacuated against his express request.

6. As a direct and proximate result of Royal Caribbean’s negligent hiring, selection, and/or retention of the Medical Defendants, the Plaintiff’s ruptured spleen was not properly and timely diagnosed and treated, causing him severe injury.

7. As a result of Royal Caribbean’s negligence, Plaintiff was injured about his body and extremities, including severe infections to his abdomen, his pancreas was injured in a subsequent surgery causing an abscess, he developed blood clots, lost memory, had to re-learn to walk, suffered physical pain and suffering, mental and emotional anguish, loss of enjoyment of life, disability, impairment, inconvenience in the normal pursuits and pleasures of life, feelings of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of his injuries including psychiatric and life care, incurred special transportation costs after being discharged from the vessel, suffered physical handicap including having to relearn to walk, lost wages, income lost in the past and future, and his working ability and earning capacity have been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. Further, Plaintiff lost the value of his vacation cruise for which he incurred expenses, including, but not limited to the cost of the cruise ticket for himself and others as well as transportation costs.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law against Royal Caribbean and demands jury trial of all issues so triable.

COUNT III – NEGLIGENCE AGAINST ROYAL CARIBBEAN

NEGLIGENT PROVISION OF MEDICAL CARE

Plaintiff re-alleges, adopts, and incorporates by reference paragraphs one through twenty as though originally alleged herein, and further alleges:

1. While there is no Eleventh Circuit Court of Appeals nor United States Supreme Court precedent directly on point, the majority position as espoused by the Fifth Circuit Court of Appeals in Barbetta v Bermuda Star, 848 F. 2d 1364, 1372 (5th Cir. 1988) is that general maritime law does not impose liability under the doctrine of respondeat superior upon a shipowner for the negligence of a ship’s doctor who treats the ship’s passengers. One of the primary goals of this lawsuit, in addition to seeking redress for Plaintiff’s grievous injuries, is to change what is an otherwise outdated and dangerous precedent.

2. Royal Caribbean has a duty to provide reasonable care under the circumstances. This duty should include the provision of prompt, proper, and adequate medical care that does not fall below the applicable standard of care.

3. On or about April 27, 2012, breached this duty and Plaintiff was severely injured due to the failure of Royal Caribbean and/or its agents, servants, and/or employees to provide prompt, proper, and adequate medical care as follows:

a. Failure to properly operate the medical diagnostic machines onboard the Oasis of the Seas and/or analyze the results thereof; and/or
b. Mis-diagnosing and mis-treating a condition the Plaintiff was not even suffering from. This mis-diagnosis and mis-treatment caused Plaintiff further injury because he was administered three times the amount of blood thinners that a patient being treated for a heart attack would normally be administered, even though the Plaintiff was not having a heart attack, but rather was suffering from a ruptured spleen; and/or
c. Failure to diagnose the severity of the Plaintiff’s injuries despite his vital signs being at obviously critical levels, levels that a reasonably prudent lay person would realize were indicative of a life threatening condition; and/or
d. Delaying Plaintiff from receiving life-saving treatment and surgery by administering incorrect medications; and/or
e. Delaying Plaintiff from receiving life-saving treatment and surgery administering hazardous medications; and/or
f. Failing to promulgate and/or enforce policies and procedures aimed at ensuring medical care that does not fall below the applicable standard of care; and/or
g. Failure to promulgate and/or enforce policies and procedures aimed at ensuring that the medical personnel aboard the Oasis of the Seas know how to operate the medical diagnostic equipment on the vessel and interpret the results thereof; and/or
h. Failure to properly outfit the medical center onboard the Oasis of the Seas with adequate medications and/or equipment; and/or
i. Causing further internal bleeding in Plaintiff by improperly treating Plaintiff.

4. All of the above caused the Plaintiff to be injured and/or caused the Plaintiff’s injuries to be aggravated and made worse.

5. As a direct and proximate result of Royal Caribbean’s negligent provision of medical care, the Plaintiff’s ruptured spleen was not properly and timely diagnosed and treated, causing him severe injury.

6. As a result of Royal Caribbean’s negligence, Plaintiff was injured about his body and extremities, including severe infections to his abdomen, his pancreas was injured in a subsequent surgery causing an abscess, he developed blood clots, lost memory, had to re-learn to walk, suffered physical pain and suffering, mental and emotional anguish, loss of enjoyment of life, disability, impairment, inconvenience in the normal pursuits and pleasures of life, feelings of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of his injuries including psychiatric and life care, incurred special transportation costs after being discharged from the vessel, suffered physical handicap including having to relearn to walk, lost wages, income lost in the past and future, and his working ability and earning capacity have been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. Further, Plaintiff lost the value of his vacation cruise for which he incurred expenses, including, but not limited to the cost of the cruise ticket for himself and others as well as transportation costs.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law against Royal Caribbean and demands jury trial of all issues so triable.

COUNT IV – NEGLIGENCE AGAINST THE MEDICAL DEFENDANTS

Plaintiff re-alleges, adopts, and incorporates by reference paragraphs one through twenty as though originally alleged herein, and further alleges:

1. At all times material hereto the Medical Defendants were the ship’s physicians and nurses aboard the vessel Oasis of the Seas on or about April 27, 2012.

2. It was the duty of the Medical Defendants to provide Plaintiff with reasonable care under the circumstances and/or medical care which did not fall below the applicable standard of care for cruise ship doctors.

3. On or about April 27, 2012, the Medical Defendants and/or their agents, servants, and/or employees breached their duty to provide Plaintiff with reasonable care under the circumstances.

4. On or about April 27, 2012, Plaintiff was injured due to the fault and negligence of the Medical Defendants and/or their agents, servants, and/or employees as follows:
a. Failure to properly operate the medical diagnostic machines onboard the Oasis of the Seas and/or analyze the results thereof; and/or
b. Mis-diagnosing and mis-treating a condition the Plaintiff was not even suffering from. This mis-diagnosis and mis-treatment caused Plaintiff further injury because he was administered three times the amount of blood thinners that a patient being treated for a heart attack would normally be administered, even though the Plaintiff was not having a heart attack, but rather was suffering from a ruptured spleen; and/or
c. Failure to diagnose the severity of the Plaintiff’s injuries despite his vital signs being at obviously critical levels, levels that a reasonably prudent lay person would realize were indicative of a life threatening condition; and/or
d. Delaying Plaintiff from receiving life-saving treatment and surgery by administering incorrect medications; and/or
e. Delaying Plaintiff from receiving life-saving treatment and surgery administering hazardous medications; and/or
f. Causing further internal bleeding in Plaintiff by improperly treating Plaintiff; and/or
g. Failure to order the timely medical evacuation of Plaintiff.

5. All of the above caused the Plaintiff to be injured and/or caused the Plaintiff’s injuries to be aggravated and made worse.

6. As a direct and proximate result of the Medical Defendants negligent provision of medical care, the Plaintiff’s ruptured spleen was not properly and timely diagnosed and treated, causing him severe injury.

7. As a result of the Medical Defendant’s negligence, Plaintiff was injured about his body and extremities, including severe infections to his abdomen, his pancreas was injured in a subsequent surgery causing an abscess, he developed blood clots, lost memory, had to re-learn to walk, suffered physical pain and suffering, mental and emotional anguish, loss of enjoyment of life, disability, impairment, inconvenience in the normal pursuits and pleasures of life, feelings of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of his injuries including psychiatric and life care, incurred special transportation costs after being discharged from the vessel, suffered physical handicap including having to relearn to walk, lost wages, income lost in the past and future, and his working ability and earning capacity have been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. Further, Plaintiff lost the value of his vacation cruise for which he incurred expenses, including, but not limited to the cost of the cruise ticket for himself and others as well as transportation costs.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law against the Medical Defendants and demands jury trial of all issues so triable.

COUNT V – APPARENT AGENCY AGAINST ROYAL CARIBBEAN

FOR THE ACTS OF THE MEDICAL DEFENDANTS

Plaintiff re-alleges, adopts, and incorporates by reference paragraphs one through twenty as though originally alleged herein, and further alleges:

At all material times, the Medical Defendants, were the ship’s doctors and nurses aboard the vessel Oasis of the Seas on or about April 27, 2012.

1. At all times material hereto, the Medical Defendants were represented to the Plaintiff and the ship’s passengers as employees and/or agents and/or servants of Defendant, Royal Caribbean, in that:

a. They wore a ship’s officer’s uniform (white with embroidered epaulettes); and/or
b. They ate with the ship’s crew; and/or
c. They communicated directly with Royal Caribbean (to the captain and to unknown persons in Royal Caribbean’s shore side office) while providing treatment to the Plaintiff; and/or
d. They were under the commands of the ship’s officers and followed all of the master’s rules and regulations; and/or
e. The Medical Defendants were themselves ship’s officers; and/or
f. There were Royal Caribbean insignia’s in various places inside the ship’s medical facility where the Medical Defendants worked; and/or
g. The literature provided by the Royal Caribbean’s representatives showed the doctors and nurses as crew members and employees of Royal Caribbean; and/or
h. They worked aboard the ship and in the ship’s hospital and further represented themselves as the “ship’s medical crew” to the Plaintiff; and/or
i. They were paid a salary by Royal Caribbean; and/or

2.They spoke to the Plaintiff as though they had authority to do so given to them by Royal Caribbean.

3. At no time did the Medical Defendants represent to the Plaintiff in particular or the ship’s passengers in a general and/or meaningful way that they were not agents or employees of Royal Caribbean.

4. At all material times, Plaintiff reasonably relied on the representations of the Medical Defendants to his detriment, that they were employees and/or agents and/or servants of Defendant, Royal Caribbean.

5. It was reasonable to believe that the Medical Defendants were Royal Caribbean’s agent because they wore a ship’s uniform and admitted Plaintiff to the ship’s medical facility. In addition, at all times material, the Medical Defendants spoke and acted as though they were authorized to do so by Royal Caribbean.

6. This reasonable reliance was detrimental because it significantly delayed Plaintiff from receiving proper medical treatment. Had Plaintiff not relied on these representations, he or his wife could have phoned a shore side medical facility, air ambulance service, or the coast guard to ensure that he received prompt, proper, and adequate medical treatment.

7. Defendant Royal Caribbean is estopped to deny that the Medical Defendants were its apparent agents and/or apparent employees and/or apparent servants.

8. On or about April 27, 2012, Defendant Royal Caribbean had a duty to provide the Plaintiff with reasonable care under the circumstances and through the acts of its apparent agents, the Medical Defendants, breached its duty to provide Plaintiff with reasonable care under the circumstances.

9. Plaintiff was injured due to the fault and/or negligence of Defendant Royal Caribbean through the acts of its apparent agents, the Medical Defendants, as follows:
a. Failure to properly operate the medical diagnostic machines onboard the Oasis of the Seas and/or analyze the results thereof; and/or
b. Mis-diagnosing and mis-treating a condition the Plaintiff was not even suffering from. This mis-diagnosis and mis-treatment caused Plaintiff further injury because he was administered three times the amount of blood thinners that a patient being treated for a heart attack would normally be administered, even though the Plaintiff was not having a heart attack, but rather was suffering from a ruptured spleen; and/or
c. Failure to diagnose the severity of the Plaintiff’s injuries despite his vital signs being at obviously critical levels, levels that a reasonably prudent lay person would realize were indicative of a life threatening condition; and/or
d. Delaying Plaintiff from receiving life-saving treatment and surgery by administering incorrect medications; and/or
e. Delaying Plaintiff from receiving life-saving treatment and surgery administering hazardous medications; and/or
f. Causing further internal bleeding in Plaintiff by improperly treating Plaintiff; and/or
g. Failure to order the timely medical evacuation of Plaintiff.

10. As a result of the negligence of the Medical Defendants, for which Defendant Royal Caribbean is vicariously liable based on a theory of apparent agency and/or agency by estoppel, Plaintiff was injured about his body and extremities, including severe infections to his abdomen, his pancreas was injured in a subsequent surgery causing an abscess, he developed blood clots, lost memory, had to re-learn to walk, suffered physical pain and suffering, mental and emotional anguish, loss of enjoyment of life, disability, impairment, inconvenience in the normal pursuits and pleasures of life, feelings of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of his injuries including psychiatric and life care, incurred special transportation costs after being discharged from the vessel, suffered physical handicap including having to relearn to walk, lost wages, income lost in the past and future, and his working ability and earning capacity have been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. Further, Plaintiff lost the value of his vacation cruise for which he incurred expenses, including, but not limited to the cost of the cruise ticket for himself and others as well as transportation costs.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law against Royal Caribbean and demands jury trial of all issues so triable.
COUNT VI – JOINT VENTURE BETWEEN ALL DEFENDANTS

Plaintiff re-alleges, adopts, and incorporates by reference paragraphs one through twenty as though originally alleged herein, and further alleges: