Many people may never think of this, but getting on a cruise ship can sometimes be very dangerous. We are not talking about the very unlikely event that a cruise ship may sink. Instead, we are thinking more about the most common causes of cruise ship harm, such as communicable illnesses. We have posted a number of stories about Norovirus, which is a contagious virus that shows up all too often on cruise ships. Because we in the U.S. usually only get news relating to our countrymen, sometimes it is easy to think that we are the only ones that have this kind of problem. But, in actuality, the outbreak of sickness aboard cruise ships seems to be a worldwide phenomenon. This is supported by recent legal action against Fred Olsen Cruise Lines.

The line was accused by more than 130 British citizens of “repeatedly failing to protect the health of tourists” on their ship called the “MV Boudicca.” The passengers are upset about repeated outbreaks of sickness on the ship. They are blaming the ship for their own severe gastric illnesses that they contracted while on the ship, citing poor hygiene. Eric Swift and Margaret Swift, from Halesowen, West Midlands, both came down ill during a cruise to Cape Verde in April. Mr. Swift blames the food for his illness – particularly meat that he says was under cooked.

Travel Law expert Elizabeth Tetzner indicated that there is a persistent problem with passengers falling ill on the ship, saying:

“We are aware of guests who have travelled on nine different cruises on board the Boudicca since October 2009, many of whom have reported similar symptoms of diarrhea and vomiting, which raises concerns about the adequacy of protection given to passengers.

Fred Olsen blames the outbreaks on Norovirus. But, Plaintiff’s attorney Irwin Mitchell says that one of his clients had a confirmed case of the bacterium campylobacter, which is a bacterium that is associated with eating contaminated food.

These types of outbreaks happen relatively frequently on American cruise ships as well, and they make the headlines from time to time. Usually, whether Norovirus, or a bacterial outbreak, there is some blame to be laid on hygiene and cleanliness. As proof, news reports of outbreaks of Norovirus often cite that the affected ships are given top-down scrubbing treatments. Whatever the cause, cruise lines do need to take greater responsibility in preventing their passengers from getting sick while on vacation, both here, and abroad.

What do you do when you are taking a leisurely cruise on a local boat, and all of a sudden you see a man pick up a young boy, and throw him into the water? That is the situation that passengers on a boat in Newport Harbor, CA were recently faced with, after an enraged father picked up his 7 year old son, and tossed him overboard.

According to witnesses, Sloane Briles and his family were on a cruise when a fight broke out between Briles and his girlfriend. Accompanying the two were Briles’ sons, ages 6 and 7, which are both from a previous relationship. The verbal altercation began at about 2:00pm, and the argument was witnessed by the boys. The elder of the boys began to cry, which made his father even more upset. The dad allegedly told the boy that if he didn’t stop crying, he would throw the boy overboard. Apparently the child didn’t straighten up well enough for his dad, so the dad struck him “several times” in front of everyone.

But, that is not all. After having struck the boy several times, Briles picked up the boy and tossed him into the water. He is reported to have thrown the boy from the front of the boat, into a busy part of the harbor.

Passengers aboard three different boats in the area rushed to save the boy, and they successfully rescued him. His father also jumped in to help save the boy, but he had already been helped.

According to Orange County Sheriff’s Department spokesman, Jim Amormino, when police arrived to take Briles into custody, he was combative and resisted arrest. He was arrested on charges of child endangerment and resisting arrest. Authorities say they suspect Briles had been drinking. Briles posted bail, and was released on Monday morning.

What’s interesting is that some news outlets are reporting that the reason Briles threw his child into the water as a way to teach him to “toughen up.” Also, in the additional reports, are claims that during the arrest, Briles caused minor injuries to the hands and elbow of one of the arresting deputies.

Primary Source: http://latimesblogs.latimes.com/lanow/2011/08/man-throws-son-overboard-after-fight-on-harbor-cruise.html

http://blogs.laweekly.com/informer/2011/08/boy_overboard_newport.php

Hurricane Irene has come and gone. She brought with her torrential rains, flooding, and deadly power. All told, about 10 people were killed in the U.S, and the state of Vermont was socked with its worst flooding in decades. Despite this, the media seemed to be a little disappointed with the fact that Irene barely touched New York City. Various news outlets had billed the hurricane as “the big one” for days before the storm struck, saying it could be a “hundred year event.” But, as usual, the hurricane caused the most damage in the Caribbean. It was there that the storm lashed island after island, and even did damage to the private islands of some of the world’s largest cruise lines.

The private island of Half Moon Cay, which is used by Holland America and Carnival Cruise Lines, was hit hard by Irene. In a statement, Holland America said:

“[Holland America] expects [the island] to be operational for cruise ship visits by Sunday, September 4. Damage was limited and can be easily addressed and all horses are well with no injuries. Repairs will be made to some island structures, vegetation will be replanted in various areas, and the main guest beach will be renewed in those areas impacted by erosion.”

Norwegian Cruise Lines also had service interruptions when its private island, Great Stirrup Cay, was damaged by Irene. The line says it is “taking time to fully inspect and prepare Castaway Cay to welcome guests again in the near future.” The full extent of the damage to Great Stirrup Cay is not immediately known.

Princess Cay, owned by Princess Cruises, has also suffered an undisclosed amount of damage. For now, the company has suspended any stops to the island saying: “Princess Cays did have slight damage but we’re confident it will be in full operation for our next call there on September 30.”

The Bahamas was hit hard by Irene, and up to 15 percent of New Providence residents are still without power. Also, there are still reports of heavy flooding in some areas. But, overall, the Bahamas was not devastated by the storm. The main ports on the island, those in Freeport and Nassau, are both open and operational. The Bahamas Ministry of Tourism reports that local attractions and hotels are also open, as are beaches that suffered “limited damage.” So, it seems that though some of the islands were in the direct path of the hurricane, overall damage was much less than predicted in the Bahamas, and the U.S. as well.

We, at the Hickey Law Firm, like to take on big topics -topics that are a big deal. That’s exactly what is happening just down the road from us at the University of Miami – a big deal. As most know by now, the University’s entire NCAA athletics program has come under very intense scrutiny as a result of jail-house confessions of former booster Nevin Schapiro. The allegations are truly astounding. He claims to have been involved in a long running operation to evade NCAA rules, and funnel hundreds of thousands of dollars’ worth of cash and gifts to UM football players. The corruption included paying for prostitutes and at least one abortion -paid for by the former booster. He says that all this happened with the full knowledge of the UM administration. The NCAA is said to be considering penalties, including the feared “death penalty” for the school’s football team. The death penalty would mean that the team would not be able to participate in NCAA athletics.

Today, in the Miami Herald, appears a piece by Dan Le Batard. He quotes current coach of the Orlando Magic, Stan Van Gundy as Van Gundy rails against current regulations implemented by the NCAA to govern the actions of student athletes. Van Gundy argues that there is a desire by the NCAA, school administrations, and sports writers to keep college sports under the guise of amateur sports. According to Van Gundy this is so that they can continue to not pay student athletes, while they continue to make millions off the athlete’s efforts.

Van Gundy says:
“The system is set up for everybody but the kids while pretending to be about the kids,”
and
But the schools don’t want to be blatantly in the situation of being professional sports even though they already are professional sports. They just want to disguise it, so they hide behind education. But, really, all you want is enough of your athletes to graduate so it looks like that’s what you care about. Anyone around sports knows it is all a bunch of bull [expletive].

So, that brings up the question – If you are an amateur athlete, but still required to perform at a professional level, is it ethical to not be paid for that effort? Is the fact that the athletes receive full scholarships as compensation enough? Van Gundy argues that playing college football carries the rigorous practice schedule, up to 40+ hours per week, the damage to the body, and the pressure of playing professional sports.
What do you think? Is playing football in the NCAA essentially the same as playing as a pro? Do the guys deserve more compensation? We’d like to hear your opinion.

Yesterday we told you that hurricane Irene was just getting started. She changed dozens of cruise itineraries, slightly damage the cruise docks in the Turks and Caicos, and is generally causing havoc along the Eastern Seaboard of the United States. But, there was one part of the story, that was mentioned in passing, that should get more attention. When the Royal Caribbean ship “Serenade of the Seas” left Puerto Rico on Sunday, it left over a hundred passengers behind as a result of the impending hurricane.

The reason for the sudden departure was cited as ensuring safety. Irene hit San Juan on Sunday and caused damage over wide areas. The port forced the ship to leave -as the port was limiting incoming and outgoing traffic for safety reasons.

According to Royal Caribbean spokeswoman Cynthia Martinez:

“There was no way to notify our guests of this change in departure time.”… [T]his decision was made by the Port of San Juan to ensure the safe transit of all guests and crew through the port.”

The company says it did not have time to notify any of the remaining passengers. No calls, text messages, or another other type of announcements were made. Stunned passengers arrived at the departure point, only to find that there was no one there to tell them what was going on. Passengers who had booked a flight with their cruises were contacted by Royal Caribbean and given accommodations in a San Juan hotel, courtesy of Royal Caribbean.

Others, like Nicole Washington, of Baltimore, MD, were just out of luck. When she arrived at the docks to board the ship, she found no one there. “There was nobody there. Everybody was gone and there was nobody there to tell me where the ship was,” she said. However, unlike other passengers that were given island accommodations, Washington apparently was not contacted by the company, and was not compensated.

Adding insult to injury for the cruise line is news that its private island, Coco Cay, has been damaged by hurricane Irene. The company says it does not yet know when ships will be able to return to the island. Spokeswoman Martinez is quoted as saying:
“We have a Miami-based team heading to Coco Cay as we speak. Once they arrive, we’ll have a better idea of the damage.”

Primary Source: http://travel.usatoday.com/cruises/post/2011/08/hurricane-irene-royal-caribbean-cococay-norwegian-great-stirrup-cay/416942/1 and http://travel.usatoday.com/cruises/post/2011/08/hurricane-irene-royal-caribbean-cococay-norwegian-great-stirrup-cay/416942/1

Hurricane Irene is causing big trouble for the Eastern Seaboard. We thought it would hit us here in Florida, but in Miami we were barely affected. Instead, it looks like the Mid Atlantic is going to get walloped. The storm is currently a Category 2, just downgraded from a Category 3, and is headed for the outer banks of North Carolina right now. The storm is predicted to go up the east coast, eventually affecting Virginia, Maryland, parts of Pennsylvania, New Jersey, New York, and New England. But, that’s not all. The storm leaves in its wake altered cruise itineraries, and a damaged port in the Turks and Caicos.

The $50 million Grand Turks Cruise Center suffered minor damage as a result of Irene. According to a Carnival Cruise Lines spokesman – “Personnel flew into Grand Turk today to conduct a detailed survey of the Grand Turk Cruise Center and confirm that damage is minor. The facility is scheduled to begin receiving cruise ships again starting this Saturday, Aug. 27.”

Royal Caribbean is having a rough go of it dealing with Irene. It is reported that hundreds of passengers were left in Puerto Rico on Sunday when their Royal Caribbean ship left early as a result of the hurricane. However, this is not a onetime occurrence. Ships throughout the Atlantic are making changes to their itineraries in order to avoid Irene and her affects. On our other blog – we reported on previously published cruise line itinerary changes. But, Irene has a lot more in store. Here are some additional changes of note:
• Royal Caribbean’s “Explorer of the Seas” will depart at 3pm, instead of 4 pm, from Bayonne NJ. This moved the departure up by 1 hour. Additional changes may be in effect.
• The Celebrity ship “Summit” departed a day early from Bermuda, on Thursday – instead of Friday. I it will also return to Bayonne, NJ on Saturday morning instead of Sunday morning.
• The Holland America ship “Veendam” also departed Bermuda on Thursday, a day early. It will return to New York on Saturday as well – and passengers have the option of disembarking, or spending the night on the ship.
• The Carnival “Fantasy,” subject o so much controversy in Charleston, will leave Charleston and bypass Bermuda. Instead it will visit Cozumel, Mexico on Sunday, and Key West, FL, on Monday
• The Carnival “Fascination” will start in Jacksonville, FL as scheduled. However, it will skip Freeport, Bahamas and spend a day at sea instead.

What happens when there is a large disaster, and the consequences of it are truly unimaginable? Do we, as people, each a citizen of a nation, have the ability to admit a defeat of such a great magnitude that it may permanently damage our nation’s global standing? This seems to be the case in Japan. Nearly 6 months after the earthquake/tsunami/nuclear accident, the country seems not to have come completely to terms with the scale of the disaster. News reports have often given conflicting messages, both reassuring the public, while issuing a steady drip of dire news. You hear that Japanese produce is safe to eat, just as there is another report about record levels of radioactivity being released into the atmosphere by the damaged nuclear plant in Fukushima. It makes me wonder where the truth ends, and wishful thinking begins.

A Reuter’s headline from this week declares “Japan faces costly, unprecedented radiation cleanup.” A New York Times article from the same day says “Japan Lifts Ban on Beef From Nuclear Disaster Area.” These two ideas seem to be in conflict. The earlier article referred to the clean-up of a nuclear disaster, not the clean up after a tsunami. The article raised the specter that the area may not ever be able to be re-inhabited by the people who were displaced. How is it that an area can be safe to produce livestock, but not safe for humans to live? Who would live there to tend to the cattle?

This may just be a case of overly-sensational headlines. Or, it could be a case of putting profit first. Having large sections of your country deemed off-limits, because of excessive radiation, can be very destabilizing. It can hurt your agriculture and manufacturing industries. It can cause national shame.

Ultimately the truth is probably a bit of both. It is possible that experts naturally view the data the most positive light possible. Perhaps their job is to not think the unthinkable. This could help avoid a panic. Also, there is always the risk of premature disclosure – giving too much information before the entire story is known. But, many believe that the people have a right to know the truth. Even if the truth would alter the will of the public, and their actions, many argue that the people have a right to know.

Primary Sources: http://www.reuters.com/article/2011/08/25/us-japan-nuclear-decontamination-idUSTRE77O3LI20110825 and http://www.nytimes.com/2011/08/26/world/asia/26beef.html

Now, from the people that brought you 10 story tall, floating cities, rock-climbing walls at sea, and the all night conga line – we have the latest. What, you ask, could make a cruise any better? You have all you can eat food. You have on board activities included. You have the staff, the air, the sea, and the sand. You also have drinks. Lots, and lots of drinks. But, do you have enough drinks? Does that fact that you have to pay for each drink, one by one, cause you to lose sleep at night? Well, I am here to tell you that there is hope! Royal Caribbean Cruise Lines is rolling out a prepaid booze plan for its Royal Caribbean and Celebrity Cruise Lines.

Most lines already offer a prepaid soda plan. It can range from $28-$42 for a week-long trip, and rates depend on whether purchasing for an adult or a child. Now, lines such as Royal Caribbean, and its subsidiary Celebrity, are getting into the “all you can drink” business too. They are both adding unlimited alcohol options to their cruise offerings.

As of now, you still have to book your Celebrity drink pass four days or more before you cruise. The Classic package, which costs a mere $308 per person for a week long cruise, will allow you to have unlimited drinks. If you want premium drinks, just add $70 to that.

The drinking plans seem to be a boon for the lines. Royal Caribbean head, Chairman Richard Fain, said:

“It’s very dramatic how much people like buying the drinks package, for example, and not have to worry about that, ” it gives the passenger “a more customized all-inclusive experience.”

Let’s hope that these new packages are not more trouble than they are worth. Sure, it’s great to have a drink and unwind, but there is also a point at which enough is enough. Most people going on cruises may not know about the seedier side of the business, in which sexual assault cases get buried, and injured passengers are not always treated immediately.

Because the cruise lines have a spotty record when it comes to passenger safety, we wonder if these new “all you can drink” packages will have a negative effect. I don’t know if anyone ever came home from a cruise and said “yea – it was fun, but I just didn’t get to drink enough.” But, there are certainly those that have gone home after a bad experience and wondered if people on cruises drink too much.

Have you ever heard of a “phantom recall?” I hadn’t either, until this morning while browsing the recall news. This is the term that was used to describe a tactic employed by Johnson & Johnson (J&J) during a recall of Motrin pain tablets in 2009. The company is accused of using employees, and possibly independent contractors, to go into stores and purchase packages of Motrin pain tablets that the company had identified as problematic – because the tablets did not dissolve properly.

The company has been rocked over the past few years with recall after recall. Perhaps this is the reason for a memo titled “Motrin Purchase Project.” The company said:

“You should simply ‘act’ like a regular customer while making these purchases. There must be no mention of this being a recall of the product!”

The recall scandal ultimately made its way to Congress – with a group of Congressional Democrats calling upon the company for an explanation. Chairman of the House Committee on Oversight and Government Reform, Rep. Edolphus Towns, D-N.Y., asked the company to identify all J&J employees involved in the situation, particularly those that were in on the plan to repurchase Motrin. Apparently, it is still unclear how many J&J employees were used. It is also not clear if contractors were employed. Towns asked the company to disclose whether they used contractors for the plan.

This situation even warranted an FDA inquiry. At the time, the FDA was considering criminal charges against the company, though there does not seem to be any pending litigation by the government against the company as a result of this scandal.

Johnson & Johnson has long been a trusted name in household products. Though they used to have a solid safety record, this incident seriously calls that record into question. Over the past couple of years the company has recalled over 40 varieties of medicines, including Tylenol, Motrin, and Benadryl.

As a result of situations like this, and others such as the contaminant-laced blood thinner, heparin (which was imported from China), the FDA is looking to get more authority to regulate drugs. The agency is asking Congress for the power to stop drugs at the border if FDA inspections are refused by the manufacturer. Also, the agency is looking for the power to order mandatory recalls. Most people would probably be surprised to learn that the FDA does not currently have the power to issue mandatory recalls. No doubt, that power would have helped in the “phantom” recall case.

Primary Source: http://www.msnbc.msn.com/id/37453033/ns/health-health_care/t/drug-maker-investigated-phantom-recall/#.TlPJooJEO3I

An old saying goes: “9 out of 10 accidents occur in the home.” I am not sure if that is true or not, but a new study has certainly given credence to the possibility. A recent study was conducted to determine the rate at which children fall from windows every year in the U.S. The study only focused on those falls that required a hospital visit, called “serious” falls. Because these were the only falls included in the study, the overall number is not immediately known. The staggering statistic uncovered by the study says that approximately 5200 children have serious falls from windows per year. What’s even more shocking is that, in children 17 and under, it is reported that 14 percent of emergency room visits are a result of falls out of a home window.

The researchers, from the Center for Injury Research and Policy of The Research Institute at Nationwide Children’s Hospital, conducted the study. They say that parents are not adequately aware of the dangers posed by window falls, or how frequently serious injuries results. Children up to age 4 made up about 65% of all cases. They also made up the group with the rate of the most serious injury, and death, from the falls. 49% of all injuries were to the head and face. Brain injury was also all too common, occurring in every one out of four cases. One important question is how the children reach the windows in the first place. About 190 cases involved a child climbing on furniture near a window. Though this may seem like a large number, it represents less that 4% of the total falls that resulted in hospital visits.

Researchers are looking for a way to raise awareness and prevent further injury. The paper’s Senior author, Gary Smith, MD, DrPH, had this warning for parents:

“Window fall injuries are serious. In fact, one out of every four children in our study was hospitalized as a result of their injury. We know from successful programs in New York City and Boston (community education programs re: window fall prevention) that child injuries due to falls from windows can be prevented. We need to do a better job of protecting our children from these types of serious injuries.”

The study was conducted using emergency room data. The study included children up to age 17 and spanned the years between 1990 to 2008.

Primary Source: http://www.medicalnewstoday.com/articles/233137.php