Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 1 of 16
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`Miami Division
`
`CASE NO. 22-cv-21605
`
`MARIETTE WATERS,
`
`Plaintiff,
`
`vs.
`
`CELEBRITY CRUISES, INC.,
`a Foreign Corporation,
`
`Defendant.
` /
`
`COMPLAINT FOR DAMAGES AND
`DEMAND FOR JURY TRIAL
`
`Plaintiff, MARIETTE WATERS, hereby sues Defendant CELEBRITY CRUISES, INC., a
`
`Foreign Corporation (hereinafter “CELEBRITY”), for damages and demands a jury trial on all issues
`
`so triable.
`
`JURISDICTION AND VENUE
`
`1.
`
`This is an action under general maritime law, and the laws of Florida as applicable.
`
`This action is for damages in excess of the required minimal jurisdictional limit of $75,000.00
`
`(Seventy-Five Thousand Dollars), exclusive of costs, attorneys’ fees and interest, and is otherwise
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`within the jurisdiction of this court.
`
`2.
`
`Plaintiff is a resident of Pennsylvania. Defendant CELEBRITY is a foreign
`
`corporation with its principal place of business in Miami, Florida. Accordingly, diversity of
`
`citizenship jurisdiction exists for this case under 28 U.S.C. §1332.
`
`-1-
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`

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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 2 of 16
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`3.
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`Venue is proper in this District pursuant to 28 U.S.C. '1391(b) because Defendant
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`CELEBRITY resides in this District and is engaged in and doing business in Miami-Dade County,
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`Florida, with its worldwide headquarters, principal address, and principal place of business located
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`at 1050 Caribbean Way, Miami, Florida, 33132.
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`4.
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`In addition, jurisdiction and venue are proper against Defendant CELEBRITY, as the
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`passenger ticket contract requires that this action be brought in the United States District Court for
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`the Southern District in Miami-Dade County, Florida.
`
`5.
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`6.
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`Plaintiff has complied with all conditions precedent to the filing of this lawsuit.
`
`THE PARTIES
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`Plaintiff MARIETTE WATERS, is a resident of Pennsylvania, over the age of 18,
`
`and otherwise sui juris.
`
`7.
`
`Defendant CELEBRITY is a foreign corporation for profit, engaged in, and doing
`
`business in, Miami-Dade County, Florida, with its worldwide headquarters, principal address, and
`
`principal place of business located at 1050 Caribbean Way, Miami, Florida 33132.
`
`8.
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`Defendant CELEBRITY is a common carrier engaged in the business of marketing,
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`selling and operating a cruise line out of various ports within the continental United States, including
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`Miami, Florida. Defendant CELEBRITY derives substantial revenues from cruises originating and
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`terminating in various ports in the State of Florida, including Miami-Dade, County, Florida.
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`9.
`
`At all times material hereto, Defendant CELEBRITY was the bare-boat charterer of
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`a sea-faring passenger vessel and cruise ship, the Celebrity Apex, hereinafter “subject vessel.”
`
`
`
`10.
`
`At all times material, Defendant CELEBRITY owned, operated, managed,
`
`maintained, supervised, chartered, and/or controlled the subject vessel.
`
`-2-
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`

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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 3 of 16
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`11.
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`At all times material, Defendant CELEBRITY owed a duty to provide competent
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`medical care and facilities, as well as personnel capable of making sound medical and evacuation
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`decisions.
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`12.
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`At all times material, Defendant CELEBRITY advertised that the subject vessel’s
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`onboard medical center was staffed by licensed physicians and nurses and that it is well-equipped
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`to handle most emergencies.
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`13.
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`At all times material, Defendant CELEBRITY charged money to passengers for
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`medical services provided. As such, Defendant CELEBRITY is in the business of providing medical
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`services to passengers for profit, and owe a non-delegable duty to provide competent and
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`non-negligent medical care and services.
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`14.
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`At all times material, Defendant CELEBRITY owned, operated, controlled, and/or
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`maintained the medical center aboard the subject vessel.
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`15.
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`At all times Defendant CELEBRITY was vicariously and/or jointly liable for the
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`negligence of all doctors, nurses, and other personnel working in the medical facility of the subject
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`vessel, who were employees, apparent agents, actual agents and/or joint venturers of Defendant
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`CELEBRITY.
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`16.
`
`At all times material, Defendant CELEBRITY had control and/or the right to control
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`any and all persons working in its medical department.
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`GENERAL ALLEGATIONS
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`17.
`
`At all times material, Plaintiff MARIETTE WATERS was a fare-paying passenger
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`aboard the subject vessel for a seven-day cruise vacation beginning December 4, 2021.
`
`-3-
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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 4 of 16
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`18.
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`On December 9, 2021, Mrs. Waters reported to the shipboard medical center on the
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`subject vessel for evaluation of a rectal bleed. She was admitted to the medical center and ultimately
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`diagnosed with a gastrointestinal hemorrhage. The shipboard medical staff noted her hemoglobin
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`had dropped, and her face was extremely pale. The medical staff explained to Ms. Waters and her
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`husband that her condition was life-threatening, and she would require emergency blood transfusions
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`to survive. Ms. Waters signed all necessary paperwork and agreed to the blood transfusions in light
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`of the medical staff’s statements that she would likely die if she refused. Despite the associated risks
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`of the blood transfusions, Ms. Waters always expected and believed that Defendant CELEBRITY
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`would solicit blood, screen donors, and perform the transfusions in a safe and/or reasonable manner
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`given the available resources, and that Defendant CELEBRITY would follow its own policies,
`
`procedures, and directives relating to transfusions.
`
`19.
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`Defendant CELEBRITY does not store donor blood on the subject vessel for
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`transfusions. Therefore, Defendant CELEBRITY attempted to solicit Type A-Negative blood from
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`guests on the subject vessel via the public address (PA) system. Defendant CELEBRITY ultimately
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`obtained blood from four passengers who were unknown to Ms. Waters and unknown to Defendant
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`CELEBRITY. In the course of soliciting the blood, screening the donors, screening the blood, and
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`administering the transfusions, representatives of Defendant CELEBRITY and its medical staff were
`
`negligent, breached the applicable standards of care, and violated Defendant CELEBRITY’s policies,
`
`procedures, and directives, as described below. As a result, Defendant CELEBRITY’s medical staff
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`infected Mrs. Waters with HIV (human immunodeficiency virus), which will cause her severe
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`physical, emotional, and financial harm for the remainder of her life.
`
`-4-
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`

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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 5 of 16
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`COUNT I: MEDICAL NEGLIGENCE OF CELEBRITY
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`Plaintiff affirms and adopts paragraphs 1-19 as though fully set forth herein and further
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`alleges that:
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`20.
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`Defendant CELEBRITY, through its employees, servants, and/or representatives, was
`
`negligent and breached the applicable standard of care owed to Plaintiff by committing one or more
`
`of the following acts and/or omissions:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
`
`k.
`
`Failing to provide reasonably competent medical care to Plaintiff;
`
`Deviating from the applicable standard of care relating to the administration
`of blood transfusions;
`
`Deviating from the applicable standard of care relating to solicitation and
`screening of blood donors;
`
`Deviating from the applicable standard of care relating to screening and
`testing of donor blood;
`
`Deviating from the applicable standard of care relating to the preferred
`selection donors of blood;
`
`Violating its own policies and procedures relating to the administration of
`blood transfusions;
`
`Violating its own policies and procedures relating to solicitation and
`screening of blood donors;
`
`Violating its own policies and procedures relating to screening and testing of
`donor blood;
`
`Violating its own policies and procedures relating to the preferred selection
`blood donors;
`
`Failing to adequately rapid test the donor blood for HIV;
`
`Failing to ensure the availability of HIV rapid tests on the subject vessel;
`
`-5-
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`

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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 6 of 16
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`l.
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`m.
`
`n.
`
`o.
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`p.
`
`q.
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`r.
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`Failing to adopt and implement policies and procedures requiring rapid HIV
`testing for all donor blood;
`
`Failing to adequately communicate to its medical staff its policies and
`procedures requiring rapid HIV testing for all donor blood;
`
`Failing to adequately screen blood donors with interviews and written
`questionnaires;
`
`Failing to prioritize and use blood from Plaintiff’s brother, who volunteered
`to donate on the subject vessel and has a matching blood type;
`
`Failing to prioritize crewmembers and medical staff as blood donors, with
`whom Defendant CELEBRITY is familiar and whose health is regularly
`screened and verified;
`
`Failing to ensure that all equipment used for Plaintiff’s transfusions was
`sterile and free of infectious disease;
`
`Failing to medically disembark Plaintiff in the Bahamas, which was
`reasonably feasible, rather than transfusing Plaintiff with untested and
`infected blood.
`
`21.
`
`As a direct and proximate result of Defendant CELEBRITY’s negligence and breach
`
`of the applicable standard of care, as described above, Defendant CELEBRITY infected Plaintiff
`
`with human immunodeficiency virus (HIV), she suffered pain and suffering, disability,
`
`disfigurement, mental anguish, aggravation of preexisting conditions, inconvenience, scarring, the
`
`loss of the capacity for the enjoyment of life, and has incurred medical expenses in the past and will
`
`incur medical expenses in the future. All of said damages are permanent and continuing in nature.
`
`WHEREFORE, Plaintiff demands judgment against the Defendant CELEBRITY for damages
`
`in excess of the minimal jurisdictional limits of this Court, as well as post-judgment interest to the
`
`extent allowed by law and attorneys’ fees and costs as may be allowed by law and demands trial by
`
`jury of all issues so triable.
`
`-6-
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`

`

`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 7 of 16
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`COUNT II: VICARIOUS LIABILITY OF CELEBRITY FOR
`MEDICAL NEGLIGENCE BASED UPON ACTUAL AGENCY
`
`Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs 1
`
`through 19 as though originally stated herein.
`
`22.
`
`At all times material, Defendant CELEBRITY owned, operated, controlled, and/or
`
`maintained the medical facility aboard the subject vessel, and was responsible for overseeing the
`
`operations of the shipboard medical center including the selecting, purchasing, and maintaining of
`
`the medical equipment; recruitment, credentialing and staffing of shipboard medical centers with
`
`physicians and nurses; evaluations, training and coaching of shipboard physicians; and acting as a
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`resource to the shipboard medical personnel and providing guidance and instruction in the event of
`
`a medical emergency in said medical facility.
`
`23.
`
`At all times material, Defendant CELEBRITY controlled and/or maintained the right
`
`of control over the nurses, physicians, and other medical personnel working in its medical facility
`
`in the exercise of their job duties, including the treatment of patients. Defendant CELEBRITY
`
`exercised such control and/or right of control in many different ways, including, but not limited to
`
`the following:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Setting the standards, criteria and procedures for selecting and hiring said
`personnel;
`
`Credentialing, evaluating, training and coaching shipboard medical
`personnel;
`
`Acting as a resource to the shipboard medical personnel and providing
`guidance and instruction in the event of a medical emergency;
`
`Establishing, adopting and enforcing rules, regulations and protocols for the
`treatment of patients at its medical facility;
`
`-7-
`
`

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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 8 of 16
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`e.
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`f.
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`g.
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`h.
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`i.
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`j.
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`k.
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`l.
`
`m.
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`n.
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`o.
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`p.
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`Maintaining and/or exercising the right to both hire and fire said personnel;
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`Establishing the amount, method and manner of payment for said personnel;
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`Paying a salary, bonus and benefits to said personnel;
`
`Establishing and enforcing the terms of employment for such personnel,
`including their hours, job duties and the details of their work;
`
`Setting the standards and criteria to determine which patients were to be
`treated by said personnel;
`
`Determining and setting the specific charges for treatment for its passengers
`and requiring that all such charges be paid directly to Defendant
`CELEBRITY on the passenger’s shipboard charge card;
`
`Supplying the tools, workplace and equipment for said personnel to perform
`their job duties;
`
`Determining and selecting the medications, drugs and supplies to be used in
`the ship’s medical facility; purchasing said medications, drugs and supplies
`to stock the medical facility; setting the prices for the use and or sale of such
`medications, drugs and supplies to passengers and requiring the passengers
`to pay it directly for such medical, drugs and supplies on their shipboard
`charge cards;
`
`Advertising the existence of the medical facility as part of its marketing
`campaigns in order to attract passengers;
`
`Treating said personnel as members of its crew, subject to the vessel’s rules
`and regulations and the authority of its officers and requiring them to carry
`out crew functions and wear crew uniforms;
`
`Requiring said personnel to take specific courses and training, including
`those offered by Defendant CELEBRITY;
`
`Agreeing to staff, equip and operate the medical facilities and the provision
`of medical services therein under the industry Guidelines issued by the
`American College of Emergency Physicians and requiring its medical
`personnel to practice medicine and treat patients in accordance with the
`requirements of said Guidelines;
`
`-8-
`
`

`

`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 9 of 16
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`q.
`
`r.
`
`s.
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`Through the use of its shoreside medical department, which is staffed with
`various doctors and other medical personnel that can communicate with its
`ships literally anywhere in the world electronically;
`
`By entering into contracts with various land based hospitals to provide
`medical expertise and requiring their shipboard medical personnel to utilize
`such services in the treatment of passengers and crew in specified situations;
`and
`
`Through the use of electronic technology, including video-conferencing and
`tele-medicine with their shoreside medical department and hospital contract
`providers to control the treatment provided.
`
`24.
`
`At all times material, Defendant CELEBRITY also relied upon and directed its
`
`nurses, physicians, and the other personnel in their medical facility to perform specified duties to
`
`assist them in complying with its regulatory duties and obligations, including but not limited to those
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`set forth by the U.S. Public Health Service, Drug Enforcement Agency, Coast Guard and Center for
`
`Disease Control.
`
`25.
`
`At all times material, nurses physicians, and medical staff aboard the medical center
`
`of the subject vessel were agents and employees of Defendant CELEBRITY, which was therefore
`
`vicariously liable for the negligent treatment of Plaintiff under the legal principles set forth in Franza
`
`v. Royal Caribbean Cruise Ltd., 772 F.3d 1225 (11th Cir. 2014).
`
`26.
`
`At all times material, Defendant CELEBRITY’s nurses, physicians, and medical staff
`
`were in the regular, full time employment of Defendant CELEBRITY, as salaried members of the
`
`crew, and were subject to Defendant CELEBRITY’s control, discipline, and the Master’s orders.
`
`27.
`
`Defendant CELEBRITY acted as principal to it nurses, physicians, and medical staff
`
`working in the medical center of the subject vessel; acknowledged its agency status with its nurses,
`
`-9-
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`

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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 10 of 16
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`physicians, and medical staff, directly and/or indirectly; and is vicariously liable for the negligence
`
`of its nurses, physicians, and medical staff.
`
`28.
`
`Defendant CELEBRITY, through its employees, servants, actual agents, ostensible
`
`agents, servants, and/or representatives, breached its duty to exercise reasonable care under the
`
`circumstances owed to Plaintiff and was negligent and careless by committing one or more of the
`
`following acts and/or omissions:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
`
`k.
`
`Failing to provide reasonably competent medical care to Plaintiff;
`
`Deviating from the applicable standard of care relating to the administration
`of blood transfusions;
`
`Deviating from the applicable standard of care relating to solicitation and
`screening of blood donors;
`
`Deviating from the applicable standard of care relating to screening and
`testing of donor blood;
`
`Deviating from the applicable standard of care relating to the preferred
`selection donors of blood;
`
`Violating its own policies and procedures relating to the administration of
`blood transfusions;
`
`Violating its own policies and procedures relating to solicitation and
`screening of blood donors;
`
`Violating its own policies and procedures relating to screening and testing of
`donor blood;
`
`Violating its own policies and procedures relating to the preferred selection
`blood donors;
`
`Failing to adequately rapid test the donor blood for HIV;
`
`Failing to ensure the availability of HIV rapid tests on the subject vessel;
`
`-10-
`
`

`

`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 11 of 16
`
`l.
`
`m.
`
`n.
`
`o.
`
`p.
`
`q.
`
`r.
`
`Failing to adopt and implement policies and procedures requiring rapid HIV
`testing for all donor blood;
`
`Failing to adequately communicate to its medical staff its policies and
`procedures requiring rapid HIV testing for all donor blood;
`
`Failing to adequately screen blood donors with interviews and written
`questionnaires;
`
`Failing to prioritize and use blood from Plaintiff’s brother, who volunteered
`to donate on the subject vessel and has a matching blood type;
`
`Failing to prioritize crewmembers and medical staff as blood donors, with
`whom Defendant CELEBRITY is familiar and whose health is regularly
`screened and verified;
`
`Failing to ensure that all equipment used for Plaintiff’s transfusions was
`sterile and free of infectious disease;
`
`Failing to medically disembark Plaintiff in the Bahamas, which was
`reasonably feasible, rather than transfusing Plaintiff with untested and
`infected blood.
`
`29.
`
`As a direct and proximate result of Defendant CELEBRITY’s negligence and breach
`
`of the applicable standard of care, as described above, Defendant CELEBRITY infected Plaintiff
`
`with human immunodeficiency virus (HIV), she suffered pain and suffering, disability,
`
`disfigurement, mental anguish, aggravation of preexisting conditions, inconvenience, scarring, the
`
`loss of the capacity for the enjoyment of life, and has incurred medical expenses in the past and will
`
`incur medical expenses in the future. All of said damages are permanent and continuing in nature.
`
`WHEREFORE, Plaintiff demands judgment against the Defendant CELEBRITY for damages
`
`in excess of the minimal jurisdictional limits of this Court, as well as post-judgment interest to the
`
`extent allowed by law and attorneys’ fees and costs as may be allowed by law and demands trial by
`
`jury of all issues so triable.
`
`-11-
`
`

`

`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 12 of 16
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`COUNT III: VICARIOUS LIABILITY OF CELEBRITY FOR
`MEDICAL NEGLIGENCE BASED UPON APPARENT AGENCY
`
`Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs 1
`
`through 19 as though originally stated herein.
`
`30.
`
`At all times material, Defendant CELEBRITY held out its shipboard nurses,
`
`physicians, and medical staff as being its direct employees and/or its actual agents who work in its
`
`“medical center” on the subject vessel. Defendant CELEBRITY promotes its medical staff and
`
`represents them as being its employees through brochures, internet advertising, and on the subject
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`vessel.
`
`31.
`
`Defendant CELEBRITY promotes the idea that the medical staff who work in its
`
`“medical centers” are employed by Defendant CELEBRITY as part of a marketing tool to induce
`
`passengers, such as Plaintiff, to buy cruises on its ships, particularly because the cruise line goes to
`
`various foreign ports that may not have adequate medical care.
`
`32.
`
`Defendant CELEBRITY manifested to Plaintiff in this case that its medical staff were
`
`acting as its employees and/or actual agents in various ways, including but not limited to the
`
`following:
`
`a.
`
`b.
`
`c.
`
`The nurses and physicians worked at what Defendant describes in its
`advertising as its “medical centers”;
`
`The “medical centers” are owned and operated by Defendant CELEBRITY,
`which pays to stock the “medical centers” with all supplies, various
`medicines and equipment;
`
`The passenger is billed directly by Defendant CELEBRITY whereas the
`“medical staff,” are paid salaries by Defendant CELEBRITY to work in the
`“medical centers”;
`
`-12-
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`

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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 13 of 16
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`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
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`Medical records and forms, including Passenger Shipboard Statements which
`are given to guests in the medical center, used Defendant CELEBRITY’s
`letterhead and logo;
`
`The medical staff were given uniforms to wear that include name tags, and
`which have the CELEBRITY name and logo and were required by Defendant
`CELEBRITY to be worn by the nurses and physicians;
`
`Nurses and physicians are considered to be Officers aboard the subject vessel
`and a member of the crew, and were introduced to the passengers as Ship’s
`Officers and members of the crew;
`
`Defendant CELEBRITY put the ship’s nurse and physician under the
`command of the ship’s superior officers, including the Master of the ship;
`
`Defendant CELEBRITY requires the ship’s nurses and physicians to provide
`services in the ship’s “medical center,” which is identified as the
`CELEBRITY medical center, and when Plaintiff went to the ship’s medical
`center to be seen for her condition, she detrimentally relied upon the
`representations that it was owned and operated by the Defendant
`CELEBRITY and staffed with nurses and physicians, who had been selected
`and vetted by Defendant CELEBRITY. Plaintiff would not have authorized
`Defendant’s medical personnel to treat her if she had known that they were
`not employees of CELEBRITY.
`
`Defendant CELEBRITY’s insignias and logos were in various locations
`throughout the medical center; and
`
`The nurses and physicians spoke to Plaintiff as though they had the authority
`to do so on behalf of Defendant CELEBRITY.
`
`33.
`
`At no time did Defendant CELEBRITY represent in any meaningful way to Plaintiff,
`
`or the vessel’s passengers in general, that the vessel’s medical staff were not agents or employees
`
`of Defendant CELEBRITY, and were instead allegedly independent contractors.
`
`34.
`
`Plaintiff at all times detrimentally relied upon the above described representations of
`
`Defendant CELEBRITY, reasonably believing that because it was owned and operated by Defendant
`
`-13-
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`

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`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 14 of 16
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`CELEBRITY, the medical staff were its employees and had been properly vetted, selected and
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`trained and were well qualified nurses and physicians.
`
`35.
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`At all times material, Plaintiff relied upon the above described representations of
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`Defendant CELEBRITY, which gave rise to their reasonable belief that the nurses and physicians
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`in the medical facility were its agents and/or employees, which induced their reliance upon such
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`appearance of agency and accordingly, Defendant CELEBRITY is vicariously liable for the
`
`negligence of its apparent agents under the principles of apparent agency set forth in Franza v. Royal
`
`Caribbean Cruise Ltd., 772 F.3d 1225 (11th Cir. 2014).
`
`36.
`
`Defendant CELEBRITY is vicariously liable under the principles of apparent agency
`
`for the acts and omissions of its apparent agents, servants, and employees, and was negligent and
`
`breached the applicable standard of care owed to Plaintiff by committing one or more of the
`
`following negligent acts and/or omissions:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`Failing to provide reasonably competent medical care to Plaintiff;
`
`Deviating from the applicable standard of care relating to the administration
`of blood transfusions;
`
`Deviating from the applicable standard of care relating to solicitation and
`screening of blood donors;
`
`Deviating from the applicable standard of care relating to screening and
`testing of donor blood;
`
`Deviating from the applicable standard of care relating to the preferred
`selection donors of blood;
`
`Violating its own policies and procedures relating to the administration of
`blood transfusions;
`
`Violating its own policies and procedures relating to solicitation and
`screening of blood donors;
`
`-14-
`
`

`

`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 15 of 16
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`h.
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`i.
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`j.
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`k.
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`l.
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`m.
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`n.
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`o.
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`p.
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`q.
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`r.
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`Violating its own policies and procedures relating to screening and testing of
`donor blood;
`
`Violating its own policies and procedures relating to the preferred selection
`blood donors;
`
`Failing to adequately rapid test the donor blood for HIV;
`
`Failing to ensure the availability of HIV rapid tests on the subject vessel;
`
`Failing to adopt and implement policies and procedures requiring rapid HIV
`testing for all donor blood;
`
`Failing to adequately communicate to its medical staff its policies and
`procedures requiring rapid HIV testing for all donor blood;
`
`Failing to adequately screen blood donors with interviews and written
`questionnaires;
`
`Failing to prioritize and use blood from Plaintiff’s brother, who volunteered
`to donate on the subject vessel and has a matching blood type;
`
`Failing to prioritize crewmembers and medical staff as blood donors, with
`whom Defendant CELEBRITY is familiar and whose health is regularly
`screened and verified;
`
`Failing to ensure that all equipment used for Plaintiff’s transfusions was
`sterile and free of infectious disease;
`
`Failing to medically disembark Plaintiff in the Bahamas, which was
`reasonably feasible, rather than transfusing Plaintiff with untested and
`infected blood.
`
`37.
`
`As a direct and proximate result of Defendant CELEBRITY’s negligence and breach
`
`of the applicable standard of care, as described above, Defendant CELEBRITY infected Plaintiff
`
`with human immunodeficiency virus (HIV), she suffered pain and suffering, disability,
`
`disfigurement, mental anguish, aggravation of preexisting conditions, inconvenience, scarring, the
`
`-15-
`
`

`

`Case 1:22-cv-21605-KMW Document 1 Entered on FLSD Docket 05/25/2022 Page 16 of 16
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`loss of the capacity for the enjoyment of life, and has incurred medical expenses in the past and will
`
`incur medical expenses in the future. All of said damages are permanent and continuing in nature.
`
`WHEREFORE, Plaintiff demands judgment against the Defendant CELEBRITY for damages
`
`in excess of the minimal jurisdictional limits of this Court, as well as post-judgment interest to the
`
`extent allowed by law and attorneys’ fees and costs as may be allowed by law and demands trial by
`
`jury of all issues so triable.
`
`DATED: May 25, 2022
`
`Respectfully submitted,
`
`LEESFIELD SCOLARO, P.A.
`Attorneys for Plaintiff
`2350 South Dixie Highway
`Miami, Florida 33133
`Telephone:
`305-854-4900
`Facsimile:
`305-854-8266
`E-mail:
`Scolaro@Leesfield.com
`
`By:
`
` /s/ Thomas Scolaro
`THOMAS SCOLARO
`Fla. Bar No. 178276
`JUSTIN B. SHAPIRO
`Fla. Bar No. 92036
`
`-16-
`
`