A traveler named Alonzo Bristol was traveling aboard the Carnival Cruise, with his wife, when he fainted in the hallway while walking back to his room, after having dinner.
He died shortly after as the vessel made its way back to Norfolk from the Bahamas, and was later found to be having a heart attack.
His family blames the Carnival Cruise Line for what it sees as a slow emergency response from the ship’s staff, and has grappled with the legal implications of a century-old U.S. law regulating “death on the high seas.”
His 79-year-old wife, Hazel Bristol, that when her husband fainted on May 19, the staff on the scene seemed unprepared.
Hazel said none of the staff members could get their communication devices to work properly as they tried to call for medical personnel. All the while, her husband lay on the floor – face down.
She also said she and her 88-year-old husband, who loved going on cruises, and in fact, have lost count of how many trips they’ve been on, were platinum members of Carnival’s Very Important Fun Person Club, which is the second-highest category of membership out of five.
According to her experience, no one performed lifesaving measures on Alonzo, and it was another guest on the ship who reached the ship’s medical personnel using the phone in their room.
“It seemed like it took them forever to get there, nobody seemed to be in no hurry,” Hazel said, claiming that the extent of help Alonzo received from the staff was one of them calling his name trying to wake him up, to no avail. “I’m sure they followed ‘procedure’ but they were slow about doing it.”
According to Spokesman, a representative for Carnival Cruise Line declined to comment on the alleged incident but said the staff onboard the ship followed the company’s emergency procedures, including performing CPR and using an AED (automated external defibrillator) on him.
“Our CareTeam assisted Mr. Bristol’s family through the unfortunate loss they experienced,” a spokesperson said in an email. “Our condolences have been shared directly with the family and our thoughts remain with them in this difficult time.”
Carnival Cruise Line’s website says all its officers and crew complete “comprehensive regular safety and emergency training that meets or exceeds all regulatory requirements” and “undergo specific training to handle emergency situations and help our guests.”
The company’s Passenger Bill of Rights also includes the right to have available on board “full-time, professional emergency medical attention, as needed until shoreside medical care becomes available” and “the right to a ship crew that is properly trained in emergency and evacuation procedures.”
Hazel alleges that her husband was on the floor for at least 15 minutes before receiving treatment despite several staff members being on the scene.
“I’m not saying my father would’ve survived if he got prompt medical attention but he wasn’t even given the chance because their equipment wasn’t working,” Alonzo Bristol III said, after his father’s death was said to be from natural causes.
Carnival sent Hazel a voucher for a free cruise, but he called it a “slap in the face.”
The Bristols are considering legal action but haven’t been able to get a lawyer to take the case since. According to Alonzo III, many attorneys, if not all of them, cited the federalDeath on the High Seas Act.
The old law allows the recovery of only certain damages in deaths that occur beyond 3 nautical miles from the shores of the United States.
“I have run into a solid brick wall with every attorney,” Alonzo III said in a text. “They all say (the act) is a horrible law and it needs to be changed.”
According to Tom Scolaro, an attorney with the Miami-based law firm Leesfield Scolaro, which has handled many medical lawsuits against cruise lines, “Death on the High Seas Act” bars recovery of damages for pain and suffering for wrongful death aboard a cruise, only allowing recovery of lost wages and loss of financial support provided by the deceased.
Asides from the limiting federal law, the passenger’s tickets which they inevitably have to agree to, state that “the availability of medical care may be limited or delayed,” that “all or part of their voyage may be in areas where medical care and evacuation may not be available,” and that “their own health insurance will not cover or be applicable to any medical services received on board and that such charges may not be eligible for reimbursement from Guest’s own insurance.”
The ticket contract “strongly encourages” passengers to purchase travel insurance to offset potential medical costs.
“Just judging by the sheer number of cases I am involved in and those that I currently have under review I would say that the state of medical care on cruise ships is second rate,” Scolaro said in an email.
“The physicians on board are usually not educated and trained in the US. They are not usually board certified in their field. There are limited resources aboard cruise ships and you are left to their decision as to whether or not to medically evacuate you and disrupt the cruise schedule.”
