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”.

■
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
■

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.