Total ankle replacements (TAR) have been available to patients in the United States since the early 1970’s. Naturally, these implants have undergone various design evolution phases. A review article published in the September 2008 issue of the Journal of the American Academy of Orthopedic Surgeons (http://www.jaaos.org/) discusses the different types of total ankle replacement implants currently available.

“When we started off, the ankles we used in this country included just two components and we had to use bone cement to fix them and basically they all failed,” said Andrea Cracchiolo, MD, lead author of the article and Director of the Adult Foot and Ankle section at UCLA Medical Center. “The difference between the first generation implants and those today is that you don’t need to use bone cement. The surfaces are such that the bone will grow into the joint much like in total hip replacement.”

As of present, there are four designs that are approved by the Food and Drug Administration for use in the United States. All four designs consist of the two-component designs which are considered fixed implants. Yet, for numerous years now, many surgeons outside of the United States have been using a new three-component ankle design. According to Dr. Cracchiolo, a three-component ankle could possibly allow for additional movement, mobility, and flexibility in the joint. Additionally, it may also be easier for orthopaedic surgeons to implant. Although here in the U.S. a three-component device has been recommended for approval by the Food and Drug Administration, it could take until late 2008 (or longer) before it would be made accessible to U.S. patients.

Although total ankle replacement offers many patients more mobility compared to the option of fusion to repair the injured joint, not every patient is an ideal candidate. As Dr. Cracchiolo explains, patients need a detailed evaluation from a qualified orthopaedic surgeon who feels the procedure may be suitable. “Some patients have such deformity of the ankle or have an ankle that is so unstable that total ankle replacement is not indicated,” explains Cracchiolo.
According to the American Association of Orthopaedic Surgeons there are signs that you may be a candidate for a total ankle replacement. These signs include:

• Having a destroyed ankle, meaning the surfaces of the ankle are gone
• Having advanced arthritis of the ankle
• The condition of your ankle is interfering with daily activities and causing pain
Total ankle replacements can offer patients:
• Better motion of the ankle compared to fusion
• Protection in the small joints below and in front of the ankle from developing arthritis
• Relief of ankle pain

There are approximately 20 total ankle replacement implants worldwide that are currently available or in their final stages of design. Nonetheless, there have only been a limited number of clinical studies involving such implants. Dr. Cracchiolo says, “Great care must go in to selecting not only the ideal patient, but also the implant that should be used. We need more long-term follow up clinical studies on implants here in the U.S. In addition, if patients are young, they should understand that the ankle replacement, just like the hip and knee, is not going to last a life time.”

“As improvements in design continue to evolve, the goal is to develop total ankle replacements that are comparable to hips and knees in terms of quality and longevity,” noted Dr. Cracchiolo.

SOURCE: American Academy of Orthopaedic Surgeons

See our website for information on what to do in the event of an accident involving serious injuries or death: www.hickeylawfirm.com. See also www.cruiseshipassault.com. The bottom line is get medical care immediately, take photos of the area where you were injured, get the names and contact information of witnesses, and report the accident at once. Also, CALL HICKEY LAW FIRM, P.A., TOLL FREE AT: 1.800.215.7117. Our consultations are always free. We work on a contingency basis. Personal injury, wrongful death, sexual assaults, and medical malpractice. We have handled these types of claims for 28 years.

Hickey Law Firm, P.A. is headed up by John H. (Jack) Hickey. Hickey was born and raised in Miami, Florida. For the first 17 years of his career, Hickey represented the railroads, cruise lines, and insurance companies. Now he represents you, the seriously injured, the family of a loved one who has died as a result of someone else’s negligence, the victim of a sexual assault, or the victim of medical malpractice.

Hickey is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association and is on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.

On Sunday morning, the Norwegian Spirit smashed into the pier at the port of New York. The front of the ship was smashed. A longshoreman, that is someone who loads and unloads ships, was on the pier and described it this way:

“I heard a lot of crunching and metallic noise,” said dockworker Charles Casquarelli, 53. “The ship was coming right at us, but then it managed to turn and run into the pier.”

Student Jay Boesner, 21, called the incident “straight out of ‘Speed 2,’ ” referring to the Sandra Bullock thriller in which a hijacked cruise ship crushes a pier before coming to rest on a European street.

Norwegian Cruise Lines as usual downplayed the incident. Spokeswoman Annemarie Mathews said: “It did not smash into the dock,” she said. “It touched the dock.” She then said there were no injuries.

If you have been seriously injured by this or any other accident of a Norwegian Cruise Line ship, call the lawyer who specializes in this field. Call John H. (Jack) Hickey at HickeyLawFirm.com in Miami. Why Miami? Because that is where Norwegian Cruise Lines requires you to bring a claim and to sue them. It’s in your ticket in the fine print. CALL TODAY TOLL FREE FOR A FREE CONSULTATION: 1.800.215.7117.

Federal Judge Federico Moreno in Miami on Wednesday ruled that Norwegian Cruise Line must pay more than $13 million to the victims of a 2003 boiler explosion aboard one of its ships that killed eight workers and injured 10 others. Judge Moreno also levied a $1 million fine against the Miami-based cruise line. A follow-up hearing will be held in June to consider additional restitution issues.

The ruling was handed down in a case which a boiler in the engine room of the SS Norway cruise ship exploded and killed workers in the engine room on May 25, 2003 as the ship was docked at the Port of Miami. The explosion sent debris and a blast of steam through parts of the 43-year-old ship, once the world’s largest passenger vessel. No passengers were injured.

The cruise line admitted that it had “failed to insure that proper inspections, maintenance, and repairs of boiler components were carried out,” according to a U.S. Attorney’s Office news release. A preliminary report released in 2005 by the National Transportation Safety Board said the ship had a history of cracks on its boilers dating to the 1970s.

THE CRUISE LINES REQUIRE THAT YOU FILE SUIT AGAINST THEM IN A CERTAIN CITY AND STATE SPECIFIED IN YOUR TICKET. This is called in the law a “venue selection clause”. Buried in the fine print of your Passenger Contract Ticket, back many pages, there is a paragraph about where you have to sue them. It is usually toward the end of the ticket. No matter where you are from, no matter where you bought the ticket, no matter where you got on the ship, this rule applies.

 In all cases against Carnival Cruise Lines, you must file suit in Miami, Florida.
 In all cases against Royal Caribbean Cruise Lines, you must file suit in Miami, Florida.
 In all cases against Celebrity Cruise Lines, you must file suit in Miami, Florida.
 In all cases against Norwegian Cruise Lines, you must file suit in Miami, Florida.

Other cruise lines specify other cities and states.

The right lawyer for your claim against a cruise line is a lawyer who is experienced at bringing claims against the cruise lines, who is located in the city and state where you have to file against the cruise lines, and who is a Board Certified Civil Trial Lawyer.

If you have been injured on Carnival Cruise Lines, Royal Caribbean Cruise Lines, Celebrity Cruise Lines, or Norwegian Cruise Lines, you need a maritime lawyer with experience in passenger claims against the cruise lines and who is located in Miami, Florida. This includes all cases of personal injuries, slip and fall, trip and fall, and sexual assault and rape. Look for the one with experience (with maritime passenger claims against the cruise lines), location (in Miami, Florida), and Board Certification (as a Civil Trial Lawyer).

John H. (Jack) Hickey is that lawyer. Hickey Law Firm, P.A. is located in the heart of Miami, Florida. They represent cruise passengers from all over the United States and from around the world. Their clients live in New York, New Jersey, New Hampshire, Pennsylvania, Illinois, California, Ohio, Minnesota, Kansas, Oklahoma, Florida, Texas, North Carolina, South Carolina, Georgia, and Alabama just to name a few.

John H. (Jack) Hickey was born and raised here in Miami. He represented the cruise lines for 17 years. For the last 11 years, he has been on the other side. Hickey is a Past President of the Dade County (Miami) Bar Association and is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy.

No matter where you live, no matter where you got on the ship, you need a lawyer here in Miami; CALL US TODAY FOR A FREE CONSULTATION: 1.800.215.7117

On Tuesday, May 20, 2008, three men died at Port Everglades of apparent asphixiation. The three were exposed to a leak of argon gas onboard a ship, the Madeline. The workers affected had been unloading cargo from the ship. There was a container of argon in the hull of the ship. Argon is not necessarily toxic in and of itself but can displace the oxygen in the space if there is a confined space.

One worker headed in the direction of the container of argon within the hull. He fell down apparently overcome by the fumes of the colorless, odorless gas. His co-worker then followed to attempt a rescue. He also was overcome by the gas. The third worker did the same to attempt a rescue and the same thing happened; disaster.

This is an example of why there are safety rules and regulations for working in a confined space. Hickey Law Firm, P.A. (see www.hickeylawfirm.com) is an admiralty and maritime law firm which has represented people who work on ships and has represented the families of workers who have died while working in confined spaces. Our cases often involve Port Everglades. We OSHA has specific regulations for such work. We know these regulations and these rules. The firm is headed by maritime trial lawyer John H. (Jack) Hickey. His biography is below: CALL US TOLL FREE AT: 800.215.7117.

Board of Governors, The Florida Bar (2008- )

Past President, Dade County Bar Association (2003-2004)

Board Certified Civil Trial Lawyer by The Florida Bar

Board Certified Civil Trial Lawyer by the National Board of Trial Advocacy

Named by his peers as a Superlawyer in the area of Personal Injury in SuperLawyers.com (2006 to present)(top 5% of all lawyers)

Named by his peers as a “Legal Elite” in Florida Trend Magazine (2006) (top 1.7% of all lawyers)

Named by his peers as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present)

Listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America

Member of The Million Dollar Forum

Sustaining Member of the American Association for Justice (formerly ATLA)

Fellow and Lifetime Member of The Florida Bar Foundation

Lifetime Member of the Florida Council of Bar Association Presidents

Rated A/V by Martindale-Hubbell, the international directory of lawyers, a rating achieved by only 5% of attorneys. The rating indicates that the attorney “has reached the height of professional excellence” and is “recognized for the highest levels of skill and integrity”.

â– 
Born in Miami, Florida

B.A., magna cum laude, Florida State University, 1976 (Phi Beta Kappa)

J.D., Duke University School of Law, 1980

Admitted to The Florida Bar, 1980
â– 

BACKGROUND:
Jack Hickey is a trial attorney. Since 1980, he has been trying personal injury and wrongful death cases in the areas of admiralty and maritime, railroad, medical malpractice, product liability, and general liability.

Hickey is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy (NBTA). The NBTA is the only national certification program for trial attorneys and is accredited by the American Bar Association.

Hickey is rated A/V by Martindale-Hubbell (the international listing of attorneys, a rating achieved by only 5% of attorneys. The rating indicates that the attorney “has reached the height of professional excellence” and is “recognized for the highest levels of skill and integrity”. He is also listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. He has been chosen by other lawyers as a: “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004, 2005, 2006, 2007); “Legal Elite” in Florida Trend Magazine(top 1.7% of attorneys) (2006, 2007); and Superlawyer in the area of personal injury in Superlawyers.com (2006 -2008).

Hickey is a member of The Florida Bar Board of Governors. The Board of Governors is the governing body of all 80,000 members of The Florida Bar, that is, every lawyer in Florida.

He is also a Past President of the Dade County Bar Association (DCBA) (2003 – 2004). The DCBA is the largest voluntary bar association in Florida.

Hickey also is a Lifetime Member of the Florida Council of Bar Association Presidents, a Fellow and Lifetime Member of The Florida Bar Foundation, and a Sustaining Member of the American Association for Justice (formerly the Association of Trial Lawyers of America).

Hickey was born in Miami and is conversant in Spanish. For the first 17 years of his career, he represented cruise lines, railroads, and other self-insured Defendants as well as insurance companies. 11 years ago, he made the transition to representing plaintiffs, and is a member of the Million Dollar Forum based on the cases in which he has obtained settlements or verdicts in excess of $1 Million. He started his career at Smathers & Thompson and went on to Hornsby & Whisenand, where he became a partner. In 1988, Hickey and The Honorable Gary R. Jones founded Hickey & Jones, P.A. In 1999, Judge Jones left and became a Federal Magistrate in the Middle District of Florida, and the firm changed its name to Hickey Law Firm, P.A.

On Monday, May 12, 2008, the United States Coast Guard called off the search for a passenger of a cruise ship who fell overboard. The passenger was a woman who had been on the Norwegian Dawn cruise ship. The Coast Guard called off the search because of weather conditions.

The details at this point are lacking in regard to: how the passenger went overboard, whether the cruise line’s lack of security onboard contributed to the incident in the first place, whether the cruise line reacted quickly enough (under international maritime law, the cruise line is obligated to conduct an immediate search), whether the cruise line reacted appropriately in for example calling in the Coast Guard quickly enough and in conducting the search long enough.

This is the last in a series of events for Norwegian Cruise Lines. Just this month, this same cruise line was found criminally negligent in the maintenance of the SS Norway which led to a boiler room blow up over 5 years ago. The explosion on that Norwegain Cruise Ship caused the death and horrific injuries to several crew members. In that case, the cruise line avoided any severe liability to the families of the seaman by invoking a little used and little known clause in the seaman’s contract which said that the seaman were required to arbitrate in their home country, in that case the Philipines. In other words, the United States Congress has enacted the Jones Act for seaman but these seaman cannot utilize it because the cruise lines put a clause in their contract to keep the cases out of U.S. courts.

In the case of the SS Norway, the boilers had cracks caused by age and by infiltrates in the water used in the boilers. The cruise line said that they should not be blamed for the shoddy maitenance because their classificatoin society, a private company hired by the cruise lines to perform periodic inspections, had inspected and passed the engine room. The report upon which the indictment relied said that the class society inspection did not matter. After all, these class societies are paid by the shipowners to perform these inspections. In any event, it is the cruise line which is ultimately responsible for maitenance.

This is the same cruise line and the same cruise ship which was involved in the so called “rogue wave” incident off of the coast of North Carolina 3 years ago. In that case, the ship diverted early to go back to New York so they could film a TV show on the ship. In doing so, the captain went headlong into a storm with gigantic waves. The captain admitted in deposition that there was no “rogue wave” although at trial he recanted this. Numerous people suffered injuries on that cruise.

I keep track of the cruise lines; I know their history; I used to represent the cruise lines for over 15 years; I now represent only the passengers who have suffered severe injuries and the families of passengers who had died as a result of the negligence or medical malpractice of the cruise line.

See our website for information on what to do in the event of an injury in a cruise ship: www.hickeylawfirm.com. See also www.cruiseshipassault.com. The bottom line is get medical care immediately. Take photos, and document and report everything. This includes reporting it to the cruise line, taking photos, and going to your doctor and whatever specialist he/she sends you to.

Also, CALL HICKEY LAW FIRM, P.A., TOLL FREE AT: 1.800.215.7117. Our consultations are always free. We work on a contingency basis. Personal injury, wrongful death, sexual assaults, and medical malpractice. This all happens on cruise ships and we have handled these types of claims for 27 years.

Hickey Law Firm, P.A. is headed up by John H. (Jack) Hickey. Hickey was born and raised in the cruise line capital of the world, Miami, Florida. For the first 17 years of his career, Hickey represented the cruise lines and insurance companies. Now he represents you, the seriously injured, the family of a loved one who has died as a result of someone else’s negligence, the victim of a sexual assault, or the victim of medical malpractice.
Hickey is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association and is on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.
We also represent passengers who have been sexually assaulted on cruise ships. John H. (Jack) Hickey Hickey Law Firm, P.A. www.hickeylawfirm.com. CALL US TODAY FOR A FREE CONSULTATION: 1.800.215.7117.

Diffusion Tensor Imaging is a type of MRI which can provide some objective evidence of mild traumatic brain injury (TBI). As you may know, TBI involves the microscopic axons in the brain. With any sort of extreme jarring or trauma, like when you slip and fall and hit your head, or even when there is no hitting of the head, the axons in the brain can shear or tear away. This ordinarily is not seen on an MRI or CT scan.

The extreme jarring or trauma can be a whiplash type of movement of the head. When the head goes back and forth, the brain within the skull moves and can hit the inside of the skull. This is called cous/contracous effect. This is what service men and women experience when there is an explosion close to them and they are shaken up. If they have been shaken enough, they can experince TBI and post traumatic stress disorder. This is common and is a double whammie.

For these reasons, you can suffer from TBI without your head hitting anything, without a loss of consciousness, and without any evidence on an MRI or CT scan.

Recently, I got an email from someone in New York asking if we represent people, namely cruise line passengers, who live out of state, in that case New York. The answer is YES!

The would-be client asked if she needed a New York attorney. The answer is NO!

At HICKEY LAW FIRM, P.A., we represent people, cruise line passengers, who live all over the United States and in fact the world. Why? How? THE BOTTOM LINE: You the passenger are required to file suit where the ticket requires, not where you live, not where you got on the ship. So, you need a maritime law specialist in the place where the ticket requires. If you sailed on a ship of Carnival Cruise Lines, Norwegian Cruise Lines, Celebrity Cruise Lines, or Royal Caribbean Cruise Lines, you are required to file the suit in Miami, Florida.

Writing a letter is not filing suit. Only filing suit will stop the clock on the time limit to file suit which usually is one year from the date of the accident. If you go beyond that limit without filing suit, you will be out of luck; you will have no claim. Only an attorney licensed to practice in Florida can file suit here. Only an attorney who knows maritime law-and who knows the cruise lines- should represent you and file suit against the cruise lines.

If you were a passenger on a cruise ship and were injured on the ship or on the tender going to or from shore, as a result of the negligence of the ship or cruise line or their employees, call us toll free today at: 1.800.215.7117. We will talk to you and all consultations are free.

We can help you and we are the ones who are qualified to help. We are here in Miami, Florida, the cruise line capital of the world and the place where most passengers will have to file suit.

I know. I used to represent the cruise lines, for 17 years. I am a maritime law specialist. I am the lawyer who your local lawyer will call for advice and help when the cruise lines deny your claim or refuse to settle with you.

Do not waste anymore time. Call us today. It is toll free: 1.800.215.7117. www.hickeylawfirm.com.

Recently, I got an email from someone in New York asking if we represent people, namely cruise line passengers, who live out of state, in that case New York. The answer is YES!

The would-be client asked if she needed a New York attorney. The answer is NO!

At HICKEY LAW FIRM, P.A., we represent people, cruise line passengers, who live all over the United States and in fact the world. Why? How? THE BOTTOM LINE: You the passenger are required to file suit where the ticket requires, not where you live, not where you got on the ship. So, you need a maritime law specialist in the place where the ticket requires. If you sailed on a ship of Carnival Cruise Lines, Norwegian Cruise Lines, Celebrity Cruise Lines, or Royal Caribbean Cruise Lines, you are required to file the suit in Miami, Florida.

Writing a letter is not filing suit. Only filing suit will stop the clock on the time limit to file suit which usually is one year from the date of the accident. If you go beyond that limit without filing suit, you will be out of luck; you will have no claim. Only an attorney licensed to practice in Florida can file suit here. Only an attorney who knows maritime law-and who knows the cruise lines- should represent you and file suit against the cruise lines.

If you were a passenger on a cruise ship and were injured on the ship or on the tender going to or from shore, as a result of the negligence of the ship or cruise line or their employees, call us toll free today at: 1.800.215.7117. We will talk to you and all consultations are free.

We can help you and we are the ones who are qualified to help. We are here in Miami, Florida, the cruise line capital of the world and the place where most passengers will have to file suit.

I know. I used to represent the cruise lines, for 17 years. I am a maritime law specialist. I am the lawyer who your local lawyer will call for advice and help when the cruise lines deny your claim or refuse to settle with you.

Do not waste anymore time. Call us today. It is toll free: 1.800.215.7117. www.hickeylawfirm.com.

NTSB HOLDS HEARING ABOUT PRINCESS CRUISE SHIP TILTING

The National Transportation Safety Board will hold a hearing about the cause of the accident where a Princess cruise ship tilted or listed on July 18, 2006. This is possibly a significant step in the resolution of this accident. The incident occurred when the cruise ship Crown Princess left Cape Canaveral on its way to Brooklyn, N.Y. This ship is owned and operated by Princess Cruise Lines which in turn is owned by Carnival Corporation which owns Carnival Cruise Lines.

About an hour after the Crown Princess left Port Canaveral, someone in the bridge disconnected the automatic pilot system. He then turned the ship and allowed it to list, i.e., tilt, to starboard, the right side. This list was 24 degrees which is huge. Imagine taking a 13 story building and leaning it over all of a sudden so that everything inside of it comes crashing to one side. The list threw chairs, couches, ice machines, lamps, furniture of all types, glasses, trays, food, hundreds if not thousands of passengers and crewmembers to one side of the ship. The people onboard were hit by and entangled with the wreckage. 298 passengers and crew suffered personal injuries. See more information about the hearing and about the NTSB at www.ntsb.gov.

Hickey Law Firm, P.A. represented many of the passengers who suffered personal injuries from this accident. See our website for information on what to do in the event of an injury in a cruise ship: www.hickeylawfirm.com. See also www.cruiseshipassault.com. The bottom line is get medical care immediately. Take photos, and document and report everything. This includes reporting it to the cruise line, taking photos, and going to your doctor and whatever specialist he/she sends you to.

Also, CALL HICKEY LAW FIRM, P.A., TOLL FREE AT: 1.800.215.7117. Our consultations are always free. We work on a contingency basis. Personal injury, wrongful death, sexual assaults, and medical malpractice. This all happens on cruise ships and we have handled these types of claims for 27 years.
Hickey Law Firm, P.A. is headed up by John H. (Jack) Hickey. Hickey was born and raised in the cruise line capital of the world, Miami, Florida. For the first 17 years of his career, Hickey represented the cruise lines and insurance companies. Now he represents you, the seriously injured, the family of a loved one who has died as a result of someone else’s negligence, the victim of a sexual assault, or the victim of medical malpractice.
Hickey is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.

On January 16, 2008, the Third District Court of Appeal, the mid-level appellate court in the Florida state courts, affirmed a judgment following a jury verdict against Royal Caribbean Cruise Line in the amount of $3,384,185. The jury verdict was for the personal injury of a seaman, a First Officer onboard a Royal Caribbean cruise ship. The seaman suffered a herniated disc in a fall from a ladder while entering a boat. He received no surgery for the condition but could not work on a ship again. The seaman was represented by John H. (Jack) Hickey of Hickey Law Firm, P.A. in Miami, Florida. (See, www.hickeylawfirm.com).

The story starts when the cruise line required its officers to man a fast rescue boat to provide security to the ship when in the Port of Miami. The United States Coast Guard has written letters to this cruise line and others requesting that they provide such patrol boats each manned with 2 people. Royal Caribbean chose to man each boat with one person and required that its people enter the boats from a broken ladder at the Port. The ladder was a verticle “fixed ladder”. That is, the ladder was verticle and attached permanently to a surface that is to a concrete pier. The only problem was that the last 3 feet or so of the ladder was bent in at a 45 degree tilt from the verticle and the end of the ladder was not fixed or bolted to anything. When First Officer Goran Bakalar went to get into the boat from that ladder for the first time, the boat moved, the ladder moved and he fell back about 6′ down onto his back. He suffered a herniated disc in his back. As a result of that injury, the cruise line said that he could not work on a ship again.

Because Mr. Bakalar was an employee on the ship, he was a Jones Act Seaman. That means that he had all of the rights under the Jones Act, 46 U.S.C. Sec. 688, et. seq. which means the right to sue for pain and suffering, and the seaman had all the rights under the General Maritime Law. That in turn means that the seaman is entitled to Maintenance and Cure. This is an old expression in the General Maritime Law for the obligation of the shipowner to pay for the medical expenses and for the reasonable living expenses of the seaman until the seaman is declared by a physian to be a “Maximum Medical Improvement”.

Here Mr. Bakalar needed back surgery, which included back fusion at 2 levels. At the time of trial however, Mr. Bakalar had been allowed no such treatment. In fact, the cruise line contended that Mr. Bakalar did not need surgery and that the back condition was merely a bulging disc. The cruise line fought this case for years, and would not settle the case. We went to trial. The jury’s verdict for this injury is a record breaker. The cruise line after the verdict appealed. Interest accrued on the verdict at 9%. By the time the appellate court affirmed, the interest alone which was owed was over $500,000.00. Thus, with interest, the final amount owed after the appellate decision was just under $4 Million. The full amount was paid. Here is the opinion:

__________________
The Third District Court of Appeal
State of Florida, January Term, A.D. 2008

Opinion filed January 16, 2008.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D06-2960

Lower Tribunal No. 03-24475

________________

Royal Caribbean Cruises, Ltd.,

Appellant,

vs.

Goran Bakalar,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Scott Bernstein, Judge.

Salas, Ede, Peterson & Lage; Hicks & Kneale and Dinah Stein and Mark Hicks, for appellant.

John Hickey; Elizabeth K. Russo, for appellee.

Before RAMIREZ, SUAREZ, and ROTHENBERG, JJ.

PER CURIAM

Royal Caribbean Cruises, Ltd. appeals a jury verdict of $3,384,185 as being against the manifest weight of the evidence. As we recently stated in Glabman v.

De La Cruz, 954 So. 2d 60, 62 (Fla. 3d DCA 2007), “despite the fact that a jury verdict is higher or lower than the reviewing court believes it ought to have been, the court should decline to interfere with the verdict.” Unlike Glabman, Royal Caribbean has not pointed to any highly emotional testimony which caused anyone to cry. We find no abuse of discretion in the trial judge’s refusal to grant a new trial or remittitur. See Lassitter v. Int’l Union of Operating Eng’rs, 349 So. 2d 622, 627 (Fla. 1977) (stating that the court may order a remittitur or new trial if it believes “the amount is so great or small as to indicate that the jury must have found it while under the influence of passion, prejudice or gross mistake”).

Affirmed.