Carnival Class Action Alleges COVID-19 Exposure

Two passengers from a Carnival voyage this past spring have filed a class action lawsuit claiming negligence in the cruise operator’s handling of a coronavirus threat.

Plaintiffs Leonard C. Lindsey and Carl E.W. Zehner say that they embarked on a March to April cruise on Carnival’s MS Zaandam, with scheduled stops in Argentina, Chile, Texas and Florida. During that trip, at least 100 people contracted COVID-19, including Zehner. They are suing Carnival and subsidiary Holland America for negligence and infliction of emotional distress.

Passengers flew in from all over the world — some from regions that were experiencing high rates of infection at the time — to board the Zaandam in Buenos Aires on March 8. And yet, despite the defendants’ prior assurances that they would screen everyone for signs of COVID-19 at check-in, the plaintiffs maintain that no such measures were taken.

Further, although the World Health Organization declared the outbreak a global pandemic on March 11, the Carnival class action claims the defendants conducted no screenings or preventive measures of any kind through three ports of call.

As Argentina and other countries started closing their ports to cruise traffic as a coronavirus precaution, Holland America reportedly announced March 13 that it was suspending its cruise operations. As a result, the plaintiffs note, the remainder of the scheduled Zaandam voyage was canceled. The ship continued up the Pacific coast of South America, but passengers were not informed when or where they might be allowed to disembark, according to the Carnival class action.

In the days that followed, it became known that some passengers and crew had fallen ill; but it wasn’t until March 22 that group activities were stopped and guests were instructed to remain in their rooms, the plaintiffs allege. Dozens of COVID-19 cases were recorded, according to the Carnival class action lawsuit, with at least two deaths occurring onboard.

Zehner reportedly tested positive for the virus around March 27 but his condition steadily worsened. The ship made it to Florida on April 1, but the plaintiffs had to remain on board longer because no local hospital would accept Zehner, the complaint states.

An Orlando hospital agreed to take him a few days later. He was placed on a ventilator soon after his arrival and remained on it for about three weeks, according to the Carnival class action. He says he was later was transferred into long-term acute care, then to a rehabilitation hospital. He was finally sent home in early June, but as of June 24 he still had not fully recovered from the virus, the Carnival class action lawsuit maintains.

Lindsay, meanwhile, reports that he was forced to remain on the ship until April 9 but was never tested for the virus at any time while he was on board.

A Law360 article quoted plaintiffs’ counsel as calling the trip a “life-threatening nightmare” for the passengers.

Carnival faced similar allegations in June over a Grand Princess cruise that also resulted in at least 100 passengers becoming ill with the virus.

In other legal news stemming from that same excursion, the widow of a man who died after contracting the virus onboard is suing Carnival for wrongful death and negligence.

The Carnival class action cites outbreaks on several other Carnival ships as well: “To date, cruises run by Carnival have been identified as responsible for more than 1,500 positive COVID-19 infections, and almost 40 deaths.”

The filing proposes a Class comprising all people in the United States who were among the 1,243 passengers on the Zaandam cruise. On behalf of themselves and other proposed Class Members, the two named plaintiffs are claiming negligence, gross negligence, and both negligent and intentional infliction of emotional distress.

“Plaintiffs expect that they and Class Members will continue to suffer and will, in the future, require medical services not of a kind generally accepted as part of the wear and tear of daily life, as a result of defendants’ negligence,” states the Carnival Zaandam class action.

They are seeking compensatory and other damages, ongoing medical costs and court costs, as well as an injunction requiring Carnival to provide appropriate disclosures of risk and to implement certain heightened safety protocols when faced with a similar situation.

For a guide to the myriad legal issues arising nationwide from the coronavirus outbreak, click here.

The plaintiffs are represented by Kim D. Stephens, Jason T. Dennett and Rebecca L. Solomon of Tousley Brain Stephens PLLC; Elizabeth J. Cabraser, Jonathan D. Selbin, Mark P. Chalos, Kenneth S. Byrd and Madeline M. Gomez of Lieff Cabraser Heimann & Bernstein LLP; and David W. Garrison of Barrett Johnston Martin & Garrison LLC.

The Carnival Zaandam Class Action is Leonard C. Lindsay, et al. v. Carnival Corp., et al., Case No. 2:20-cv-00982, in the U.S. District Court of Western Washington.

Join a Free Coronavirus Class Action Lawsuit Investigation

If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation. 

Join Here

Read More Lawsuit & Settlement News:

Coca-Cola Class Action Says Soda Lacks Vanilla

A Guide to the Negative Impacts of OxyCide Cleaner

Palm Beach Residents Sue Over Face Mask Order

FDA Approved? New Rules Claim To Increase Surgical Stapler Safety