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ARTICLE ID 185518

$________ – JONES ACT – FAILURE OF CRUISE LINE TO PROVIDE PROPER MEDICAL CARE – PHYSICIAN NEGLIGENTLY DETERMINES 31-YEAR-OLD PLAINTIFF REQUIRES A CARDIAC PACEMAKER – ALLEGED NEGLIGENT INSTALLATION OF PACEMAKER – SEVERE PAIN AND INFLAMMATION FOR 13 MONTHS – PACEMAKER ULTIMATELY REMOVED.

Miami-Dade County, FL

This was a Jones Act case involving a 31-year-old plaintiff who was employed by the defendant cruise line as an assistant pastry chef. The defendant owed the plaintiff the duty of providing proper, prompt and adequate medical care. The plaintiff contended that after he developed severe migraine type headaches while at sea in July ________, the defendant flew him to their agent/physician in the Dominican Republic. The plaintiff maintained physician negligently misread the results of a halter monitor and negligently determined that the plaintiff required a cardiac pacemaker. The plaintiff also contended that the defendant’s agent/physician installed the pacemaker in a negligent manner and that the leads passed in too close proximity to the nerves near the clavicle. The plaintiff maintained that although he suffered severe pain and inflammation and could not walk without a cane after returning to the ship, he was declared to have reached the maximum medical cure approximately three weeks after the pacemaker was installed. The plaintiff was then placed on a 21 hour flight back to his home in the Republic of Mauritius.

The plaintiff maintained that over the course of the ensuing approximate six-month period, he experienced severe pain, felt as if his chest was about to explode and also suffered extensive pain radiating from the clavicle area. The plaintiff contended that the defendant ultimately agreed to send him to another physician/agent in Bombay, India in December ________. The plaintiff contended that although he underwent extensive testing and requested copies of the medical records and reports, he was told that they would only be released to the defendant. The plaintiff then flew home and contended that he continued to suffer extensive radiating pain and difficulties ambulating.

The plaintiff obtained a Visa to visit the United States., and in May ________, a cardiologist determined that he did not require a pacemaker and that it should be removed. A second cardiologist concurred with this conclusion several weeks later. The plaintiff then sent the reports to the defendant, requesting that his maintenance and cure be reinstated. The defendant referred him to a cardiologist in Jacksonville, Florida, who agreed that the plaintiff did not require the pacemaker and that it should be removed.

The plaintiff contended that halter monitor was read in a negligent manner and that abnormalities that were noted were, in fact, artifacts that are not uncommon in such testing. The plaintiff also contended that the leads were thread too close to the nerves innervating the clavicle area and introduced positive prints of X-rays.

The defendant contended that the plaintiff was provided appropriate care by their agents. The plaintiff ultimately had the pacemaker removed and the prognosis for his recovery is good.The jury found for the plaintiff and awarded $________.

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