An injured seaman recently filed a maritime lawsuit under the Jones Act alleging that he acquired Malaria as an offshore illness due to negligence.

Plaintiff Kholkar G. says he joined the crew of the M/V Stargate in December 2016 and worked on the vessel as a crew member. The ship is owned by Eastern Pacific Shipping (EPS), a company which owns and operates at least 56 vessels.

According to Kholkar’s offshore illness lawsuit, ships are required to have malaria medications including doxycycline onboard which must be administered at least two weeks before traveling to an area prone to malaria. Ship crew members are allegedly also supposed to be administered the medication for four weeks after traveling to the area to prevent the contraction of malaria.

Kholkar alleges the owners of the Stargate failed this requirement.

Lack of Malaria Meds

Despite knowing that the ship was making its way to Gabon, an area where malaria infection is extremely likely, Kholkar says EPS allegedly failed to acquire malaria medication when it stopped in Savannah, Ga. Due to the lack of malaria medication, Kholkar says he and other crew members allegedly were not administered preventative medication in the two weeks before Stargate’s arrival in Gabon in May 2017.

The offshore illness lawsuit claims that EPS and Stargate officers were negligent, as they were aware of the lack of medication because Kholkar reported the deficiency before the ship departed from Georgia. Alarmed by the lack of medication, Kholkar allegedly requested that he be given the standard anti-malaria treatment before or after the Stargate’s trip to Gabon. However, he was allegedly not given the medication.

The Stargate made its stop in Gabon according to schedule and moved on to Brazil. Five days before the ship was set to arrive in Brazil, Kholkar allegedly started showing signs of malaria. His symptoms reportedly included severe fever, chills, vomiting, burning of his eyes, rigor, severe weakness, and darkening of his eyes.

Superiors Ignored Illness

Despite contracting a severe and aggressive strain of malaria, Kholkar claims he was not allowed medical treatment. His superiors allegedly accused him of trying to get out of work and refused to give him treatment.

Due to a lack of medical attention, Kholkar’s offshore illness reportedly worsened and put him in critical condition. Another crew member allegedly defied the vessel master’s orders and took him to a hospital in Rio de Janeiro, Brazil. He was later diagnosed with the most virulent form of malaria, he claims.

The offshore illness lawsuit claims that his condition was made worse by a variety of complications including gangrene, loss of eight of his toes, the blackening of his skin on both feet, temporary loss of vision, blacking of his eyes, severe fever, kidney failure, respiratory dysfunction, liver damage, and diminished cognitive ability. Kholkar was reportedly in a coma for fourteen days.

“Plaintiff was abandoned by his vessel’s officers while on the brink of death, [and] was ultimately hospitalized for seventy-six days,” the offshore illness lawsuit claims. “At no time, did EPS or the vessel officers inform Plaintiff’s family of his whereabouts, or provide medical care and treatment, and during the entire time Plaintiff was in a coma and/or intubated his family presumed he was dead.”

Although Kholkar has recovered and was reunited with his family, he is now allegedly disabled from his malaria injuries. The lawsuit claims that Kholkar would not have gotten malaria and become disabled had the Stargate and EPS provided him with the necessary malaria prevention medications.

Kholkar’s lawsuit falls under the Jones Act. The Jones Act enables injured seamen to pursue legal action when they sustain an injury caused by issues with the vessel or improper provision of medical or safety equipment.

The Offshore Illness Lawsuit is Case No. 2:18-cv-13556-SM-KWR in the U.S. District Court for the Eastern District of Louisiana.