Miami, FL – June 12, 2011 – After six years of contentious pre-trial — discovery — including a court ruling that chastised the defendant, Royal Caribbean Cruises, Ltd., for withholding important information as a disabled woman’s family sought justice — a potentially landmark cruise ship injury case heads to trial. On May 19, Judge Jerald Bagley of the Circuit Court of the 11th Judicial Circuit in Miami-Dade County, Florida set a trial date of November 7th for the case, Amaran v Royal Caribbean Cruises, Ltd. (Case No. 04-26948 CA 27).

While the lawsuit is about compensation for a young doctor struck down at the threshold of her career, it is also about the need for important — and long overdue — changes to cruise ship policies for requiring emergency assistance measures by crewmen, according to the brain damaged passenger’s attorney, Philip M. Gerson.

“For six years our firm, Gerson & Schwartz, has been working with the family of Dr. Preetha Amaran to show that her horrific, permanent, life-altering injuries stem not just from one careless series of failures to act, but from lax Royal Caribbean emergency polices that the alleged go completely against the requirements of international maritime law,” says Gerson, a longtime advocate for cruise ship victims and a voice for reforms. 

“Royal Caribbean has done everything possible to hinder search for the truth — and has already been taken to task for that by a Florida appellate court,” Gerson added. “We’re grateful that this case will finally be tried. And we’re confident that it will spur important, necessary, and fundamental changes in the way emergency responses are provided by Royal Caribbean.”

Preetha Amaran’s case, and her family’s six-year fight for justice, according to court documents, traces back to March 8th 2004, when the 26-year old collapsed on a treadmill aboard a Royal Caribbean cruise shipIn a parent’s worst nightmare, her mother witnessed the event — and also, she would later say, the failure of the fitness center’s director to use his training to render aid. In her sworn deposition, Preetha’s mother testified that the director made no effort to assess the seriousness of the situation. This, the Gerson & Schwartz lawyers will show at trial, delayed the arrival of the ship’s on-duty doctor — precious minutes during which Preetha’s brain was deprived of oxygen. Indeed, the lawsuit alleges, by the time the doctor arrived – others having to bring a defibrillator up nine decks because the fitness center didn’t have one — and Preetha was resuscitated, she had suffered irreversible anoxic brain injury.

Today, Preetha is severely incapacitated — unable to speak more than a few phrases and unable to work. Requiring round-the-clock supervision, her career is over. Everything she worked hard to have for her future is gone forever. She will never live normally and enjoy the things we all take for granted.

Working with the injury lawyers of Gerson & Schwartz, Preetha’s mother brought this lawsuit so her family could have answers. Why wasn’t emergency equipment — particularly a defibrillator — not in place in the cruise ship’s spa? Why did the CPR-trained spa manager — employed by co-defendant Steiner Transocean — do nothing? Why was the arrival of the doctor unnecessarily delayed?

What deposition testimony revealed was that this tragic outcome was the result of widespread safety lapses. Royal Caribbean personnel and executives testified that the cruise line had an unwritten policy that crewman need not use the training they received unless they felt “comfortable” doing so — even if a life was at stake.

“This is completely contrary to international maritime law,” says Gerson, “and at trial we are going to show that. Maritime law is very clear on the matter: People trained in CPR are required to use CPR in a medical emergency. Royal Caribbean’s policy defies the law, defies common sense and is creates a serious risk for the vacationing public and the cruise ship industry.

The hope, Gerson continues, is that “by showing this deviation from the law we can fix it, requiring Royal Caribbean to follow the rules — and make sure that those who work aboard ships aren’t just trained in first aid, but are expected to use their training, especially when it is needed urgently. We want to make sure, too, that all cruise ships have a defibrillator in every fitness center and spa. In short, we want to prevent senseless, needless, injuries like Preetha’s.”

But that quest, Gerson notes, has been difficult. “Royal Caribbean has made it extremely hard for us to get justice, making it unnecessarily burdensome to locate key witnesses in a timely fashion. The Third District Court of Appeal of Florida, said as much when it ruled that Royal Caribbean had hindered our search for the whereabouts of the ship’s doctor who ultimately resuscitated Preetha by giving us an address in care of an employment agency in South Africa when he was actually working on their very own ships.” (Amaran v. Marath, 34 So.3d 88 (Fla. 3d DCA 2010))

“They knew how to locate him but concealed it for two years” says Gerson.

While the November trial will look at what happened in Preetha’s case, Gerson says that its true impact will be in what happens after the case is decided: “What we hope — and expect — to see is not just justice for a grievously incapacitated young woman, but changes to an industry that has, for too long, put profits and convenience ahead of passenger safety — and their duties under the law.” 

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MIAMI, FL— June 9, 2011 – A few months after a 15-year-old girl lost part of her leg in a South Florida boat accident, two 16-year-old boys have been charged in connection with the boating mishap. According to information provided by the Associated Press, the accident victim was badly injured upon swimming up to the boat, which was positioned near the Juno Beach Fishing Pier in Palm Beach County, and attempting to climb aboard.

Reports indicated Gabby DeSouza was swimming near the Juno Pier when a boat occupied by a couple of her friends arrived. Although several lifeguards apparently used their horns and whistles to warn the young boaters that they were operating their watercraft in an area meant for swimmers only, DeSouza decided to try to climb on board anyway. Unfortunately, her foot became entangled with the watercraft’s propeller as she attempted to do so.

Immediately after the February 5, 2011 boating accident, the two boys allegedly left the scene and avoided contacting authorities to report the mishap. Reports did not specify how the accident victim made it to shore before being transported to the hospital to be treated for her injuries.

On June 7, officials from the Palm Beach County Sheriff’s Office (PBSO) arrested the two unidentified teenagers that initially fled the scene and subsequently booked them into an unspecified juvenile detention center. They were charged with leaving the scene of an accident with injury, as well as culpable negligence, in connection with the Palm Beach accident.

According to statistics provided by the U.S. Coast Guard (USCG), 4,730 recreational boating accidents, which resulted in a total of 736 deaths, were recorded in the United States during the year 2009.

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MIAMI, FL—June 7, 2011 – Eight days after a violent jet ski crash landed singer Sean Kingston in the hospital with critical injuries, the Miami-born musician’s publicist told reporters he took his first steps and was now breathing on his own. According to information provided by CNN, Kingston had water in his lungs and broke both his jaw and wrist after crashing his personal water craft (PWC) into a Miami Beach bridge on May 31.

While Sean Kingston, 21, remained hospitalized at Jackson Memorial Hospital, his condition was upgraded to “serious” as he began to walk and breathe on his own again. According to sources, it will likely take the singer six weeks to recover from the injuries he sustained in the Miami boating accident.  

Authorities from the Florida Fish and Wildlife Conservation Commission (FWC) told reporters Kingston was operating his Sea Doo jet ski off Miami Beach when it crashed into the Palm Island Bridge. Kingston’s life vest reportedly fell off on impact.

Witness Jonathan Rivera, who was boating with his wife at the time, contended, “I pushed him up, and he was vomiting what seemed like water, and then there was some blood coming out.”

Kingston was rushed to Jackson Memorial’s intensive care unit in critical condition following the jet ski wreck. Cassandra Sanchez, 23, was also riding on the jet boat when it crashed. She was hospitalized with what appeared to be non-life threatening injuries in the crash.

Though it was not clear what caused Kingston to lose control of his jet skia full investigation into the injurious boating accident was expected to be underway.

Twenty-two percent of 4,730 recreational boating accidents reported during the year 2009 involved personal watercrafts, U.S. Coast Guard (USCG) suggest. Furthermore, boat crashes resulted in 736 fatalities that year.

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MIAMI, FL— June 2 2011 – Claiming that Carnival Cruise Lines failed to consider the potential dangers faced by travelers venturing around the island of St. Thomas, where there has been an upsurge of violence over the last few years, the family of a cruise ship passenger who was shot and killed on vacation last year filed a lawsuit against the cruise line. According to information provided by USA Today, a 14-year-old girl suffered a fatal bullet wound when gang-related gunfire broke out as she was riding in an open-air “safari bus.”

Reports indicated the young teen and her family boarded the 2,758-passenger Carnival Victory so they could travel to St. Thomas, U.S. Virgin Islands. However, as the family was apparently leaving the popular Coki Point beach in an open-air safari cab, a gang-related shootout suddenly broke out. The 14-year-old Puerto Rican girl, who was identified as Liz Marie Perez Chaparro, suffered a fatal gunshot wound during the outburst of gang violence.

Additionally, 18-year-old St. Thomas man Shaheel Joseph sustained a bullet wound to the back of the head, which proved fatal at the scene. One additional Carnival cruise ship passenger apparently sustained minor injuries in the gang shootout.

While St. Thomas authorities recently charged a local resident with two counts of murder in connection with the fatal shooting, the teenage ship passenger’s family maintained that Carnival Cruise Lines should have been aware of the high risk of violence on the island.

Past reports suggested the 2009 homicide rate in the U.S. Virgin Islands, where there is a population of approximately 110,000, was about 10 times as high as the homicide rate in the United States, in which there was an average of five murders per 100,000 population.

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MIAMI, FL—June 1, 2011 – Singer and Miami native Sean Kingston remained hospitalized with serious injuries on May 31, 2011, two days after the jet ski he was operating crashed into a bridge. Officials from the Florida Fish and Wildlife Conservation Commission (FWC) stated that both the famed musician and a 23-year-old female passenger suffered injuries in the Miami Beach jet ski crash, as reported by CNN.

According to Joe Carozza, a publicist for Sean Kingston’s record label, Epic Records, “Sean Kingston is currently in critical but stable condition at Ryder Trauma Center at the University of Miami/Jackson Memorial Medical Center… Sean’s family asks for privacy at this time but is thankful to his friends, family and fans for their outpouring of prayers and well wishes.”

While details into the jet ski accident remained somewhat scarce, FWC spokesman Jorge Pino told Associated Press reporters that the 21-year-old R&B singer’s Sea Doo jet ski crashed into the Palm Island Bridge at approximately 6 p.m. on May 29. A female passenger, 23-year-old Cassandra Sanchez was also involved in the jet boat crash. Sanchez sustained undisclosed injuries and was also rushed to the hospital after the watercraft accident. The extent of Kingston’s injuries remained unknown. 

Carmen Rivera was boating in the area when Kingston crashed his jet ski into the Miami Bridge. “They were calling us over, telling us, ‘He’s drowning, he’s drowning,’” Rivera said.  

Though it was not clear what caused the well-known singer to apparently lose control of his watercraft and crash into the bridge, investigations into the violent Miami Beach jet boat accident were expected to be underway.

U.S. Coast Guard (USCG) statistics suggested that during the year 2009, there were 736 boating accident fatalities, with approximately 1 in 4 recreational boating accidents (22 percent of the total count—4,730) involving personal watercrafts (PWC).

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MIAMI, FL— May 26, 2011 – The hunt continues for the operator of a boat that wrecked along the Intracoastal Waterway last weekend, causing a passenger on board to suffer serious head injuries. TCPalm reports stated that shortly after the boat crashed into an illuminated channel marker around 9:46 p.m. on May 21, 2011, the 21-year-old Jupiter man who was operating the vessel fled the scene on foot.

According to officials from the Florida Fish and Wildlife Conservation Commission (FWC), Timothy Doran was operating a 23-foot boat, which he was not the owner of, when it collided with a channel marker for unknown reasons. Jupiter police suspect that alcohol might have contributed to the injurious boat wreck. Nevertheless, the FWC is expected to conduct a full investigation to determine the cause of the boat crash.

One passenger aboard the crashed boat, 26-year-old Kai Woodstock, suffered critical injuries. Woodstock was flown to St. Mary’s Medical Center in West Palm Beach to be treated for severe head injuries sustained in the collision. Reports did not specify whether Woodstock suffered a traumatic brain injury (TBI) in the boating accident.

There were four additional passengers aboard the watercraft when the violent boat accident occurred, though it appeared as if only one of them, Eric Conerly, 25, suffered injuries. Conerly’s injuries were described as minor. Authorities did not know if Doran was hurt in the crash.

Statistics provided by the U.S. Coast Guard (USCG) suggest there were 4,730 recreational boating accidents, resulting in a total of 736 boating fatalities, during the year 2009. Investigations into the Palm Beach County boat crash are underway.

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MIAMI, FL— May 24 2011 – Two days after an Omega Protein Inc. pogy boat became involved in a collision with a Chiquita container ship in the Gulfport ship channel, the U.S. Coast Guard suspended its search for the three crew members who went missing after the boating accident. According to information provided by the Sun Herald, Coast Guard personnel continue to search for the bodies of the three workers who disappeared in the May 18, 2011 Mississippi ship collision, though they did not seem to believe there were any more survivors.

Reports indicated the 163-foot Omega Protein Inc.-owned Sandy Point was en route to the company’s plant in Moss Point, Mississippi when it collided with the 660-foot Eurus London, which was transporting crates of Chiquita bananas to Texas at the time.

While details concerning the ship collision remained scarce, the Coast Guard’s navigation rules state, “A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway… A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway.”

Relatives identified two of the three boating accident victims who were reported missing after the ship wreck as Lindsey Tucker and Roderick Watkins. According to Lt. Matthew Mitchell, commander center chief of the Coast Guard’s Mobile, Alabama division, “Recovery is still ongoing. Our hearts and our prayers go out to the families of those three gentlemen.” A full probe into the fatal boating accident was expected to be underway.

Coast Guard statistics suggest there were a total of 4,730 recreational boating accidents, claiming the lives of 736 accident victims, during the 2009.

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