New Jersey widow files claim against cruise line due to an alleged medical misdiagnosis

By Jenie Mallari-Torres | Aug 16, 2016

MIAMI — A widow is suing Royal Caribbean Cruises LTD, a cruise line, citing alleged breach of duty due to a misdiagnosed illness while aboard a ship.

June Russell, as personal representative of the estate of Melvin Rusell, filed a complaint on Aug. 10 in the U.S. District Court for the Southern District of Florida, Miami-Dade Division, against Royal Caribbean Cruises, alleging that the company failed to exercise reasonable care in the evaluation and treatment of decedent.

According to the complaint, the plaintiff alleges that on Aug. 13, 2015, she and her husband Melvin Russell, now deceased, were aboard a vessel owned by the defendant for a nine-day cruise for a family reunion to Bermuda and the Caribbean. Prior to leaving for the trip, the decedent was deemed healthy for travel by his physician.

On Aug, 15, the couple was ordered by the ship's nurse and doctor to immediately disembark as the decedent allegedly contracted an illness aboard the vessel and was declared unfit to travel due to a fever of 99 degrees. However, when examined by Bermuda hospital's doctor they saw after disembarking the ship, he disagreed with the ship's doctor's diagnosis and cleared the decedent for travel home by commercial airline.

As a result, the plaintiff and decedent suffered illness, mental anguish, embarrassment and incurred airfare and accommodation expenses. The plaintiff holds Royal Caribbean Cruises responsible because the defendant allegedly failed to properly assess and treat onboard passengers, and failed to maintain a safe, healthy and clean environment to prevent illnesses.

The plaintiff requests a trial by jury and seeks damages of $75,000 not including court costs, interests and other relief allowed by law. She is represented by Fred L. Fulmer of Law Offices of Fred Land Fulmer PA in Fort Lauderdale.

U.S. District Court for the Southern District of Florida, Miami-Dade Division case number 1:16-cv-23447

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Royal Caribbean Cruises Limited U.S. District Court for the Southern District of Florida

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