Steven Cohen  |  June 9, 2020

Category: Covid-19

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Carnival Corporation cruise line

Carnival Corporation faces a class action lawsuit from passengers who claim the cruise line did not properly prevent the coronavirus spread aboard its ships.

Plaintiffs Duc Chung, Bernetta Everett, Dwight Everett, Connie Simmons, James Simmons, Michael Simmons, Debra Leonelli, and David Rege say that they were passengers on board the Grand Princess cruise from Feb. 11, 2020 to March 10, 2020.

The plaintiffs claim that on Feb. 11, 2020, 10 days after the defendant found out about infections of the coronavirus on their Diamond Princess cruise, Carnival boarded the plaintiffs as well as 2,000 other passengers onto the M/V Grand Princess for a roundtrip voyage to Mexico.

The coronavirus lawsuit claims that the company did so without conducting medical screenings for passengers, and without providing information about best practices to prevent the spread of COVID-19.

Chung and his fellow class action plaintiffs state that during the course of the 10 day trip to Mexico, Carnival did not change their on-ship protocols, event itineraries and cleaning practices in order to prevent the spread of the coronavirus.

For example, Carnival did not institute medical examinations or screening procedures for any passengers who left and returned to the ship at the ports of call, the plaintiffs say.

In addition, the plaintiffs maintain that Carnival did not provide the passengers onboard the Grand Princess with any information related to the coronavirus.

The Carnival class action lawsuit states that on Feb. 19, 2020, the defendant became aware of at least one passenger suffering from coronavirus symptoms, but they did not alert the plaintiffs or any other passengers on the ship. In addition, Carnival did not put into place any quarantine requirements, shelter in place or social distancing protocols, the plaintiffs aver.

The lawsuit claims that Dr. Grant Tarling, Carnival’s Chief Medical Examiner, stated that the infected passenger was carrying the virus when he boarded the Grand Princess on Feb. 11, 2020. Dr. Tarling allegedly reported that the infected passenger sought medical treatment on Feb. 20, 2020. 

Also, plaintiff Connie Simmons claims that while she was on board the Grand Princess, she became extremely ill and suffered from a fever. She says a cabin steward visited her room, but refused to enter. After this visit, Simmons says that a cruise ship staff member visited her room in full hazmat gear. She claims that after disembarking, she suffered coughing, shortness of breath and various other ailments which forced her to take off more than five weeks of work.

The plaintiffs state that at least 100 passengers who traveled on board the Grand Princess have tested positive for the coronavirus and at least two passengers have died. The Carnival class action lawsuit goes on to say that on Feb. 25, 2020, the defendant emailed the plaintiffs and their fellow passengers, alerting them that some passengers had contracted the coronavirus and that they may have been exposed.

“Upon information and belief, Defendants knew at that time that M/V GRAND PRINCESS passengers on the February 21, 2020, voyage were currently suffering from COVID-19 and that there potentially an outbreak,” the Carnival class action lawsuit says.

Carnival Corporation sick man on cruiseThe plaintiffs also allege that on March 5, 2020, two weeks after the Grand Princess set sail for Hawaii, the defendants issued some changes, including cabin quarantine, meal service within the cabins, as well as ceasing daily turndown service and communal activities.

At the time of the filing of this class action lawsuit, Carnival has cancelled cruises embarking from San Francisco through the end of 2020, the plaintiffs state.

If they had known about the serious risks of contracting or spreading the coronavirus while on board the Grand Princess, they would not have set sail on Feb. 11, 2020, the plaintiffs state.

“As a direct and proximate result of Defendants’ acts and omissions, Plaintiffs Connie Simmons, James Simmons, Duc Chung, and Dwight Everett became ill with COVID-19, and suffered from various symptoms, including loss of appetite, coughing, sore throat, and blood clots. Plaintiffs Connie Simmons, Duc Chung, and James Simmons were forced to miss multiple days of work,” the Carnival class action lawsuit alleges.

The plaintiffs also note that because of Carnival’s negligence, they have suffered injuries and emotional distress including anguish, fright, horror, nervousness, grief, anxiety, worry, humiliation, and shock. They state that they are suffering and will continue to suffer due to the ever-present fear and anxiety that they may experience negative outcomes of possibly being exposed to the coronavirus.

Were you on a Carnival cruise and fear that you may have been exposed to the coronavirus? Let us know in the comments section below.

The plaintiffs are represented by Mary E. Alexander and Brendan D.S. Way of Mary Alexander & Associates and Elizabeth J. Cabraser and Jonathan D. Selbin of Lieff Cabraser Heimann & Bernstein LLP.

The Carnival Cruise Class Action Lawsuit is Duc Chung, et al. v. Carnival Corporation, et al., Case No. 2:20-cv-04954, in the U.S. District Court for the Central District of California.

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