Feel free to tell your experiences, ask your questions, or post your comments below.

The following is a description of a personal injury case we have filed recently. This is a case involving wrongful death that arose on an excursion which was provided, organized, promoted, advertised, and vouched for by the Defendant Norwegian Cruise Lines.

At all times material hereto, the decedent and her family, the Plaintiff and survivors herein, were passengers onboard the NORWEGIAN SPIRIT, a cruise ship owned and operated by Norwegian Cruise Lines. On and before the date of the accident, March 18, 2008, Norwegian Cruise Lines promoted, sold, vouched for, and recommended a Zip-line excursion to the decedent Barbara Fojtasek and her husband, Glenn Fojtasek, and their 2 children. The ship at all times material hereto was in navigable waters. The cruise excursion on which the accident occurred was part and parcel of the cruise and the cruise experience and took place in Roatan, Honduras.

As a result of Norwegian Cruise Lines’s negligence, the cable on the ride was allowed to be used when it was rusted and corroded, and not of the appropriate material for such a ride in the first place. The decedent who was scared of the ride was advised that the ride was appropriate for her. The decedent was assisted by an employee of the Gumbalimba Park Zip-line ride who was a minor and who was inexperienced and untrained. The minor employee failed to take safety measures such as harnessing the decedent (and himself) correctly to the back up cable on the ride. As a result, when the decedent Barbara Fojtasek and the employee of Gumbalimba Park were in mid air on the cable, the cable snapped, there was no back up cable, and Barbara Fojtasek fell at least 65 feet to the jungle floor.

Also as a result of Norwegian Cruise Lines’s negligence and the failure to have in place an emergency evacuation plan and resources for the emergency care and treatment on site of a passenger injured on such a ride, medical care was delayed, the medical care which was provided was not appropriate emergency trauma treatment, the evacuation was delayed and involved inappropriate handling of the decedent in a seriously injured state, and the decedent died hours later on the mainland in San Pedro Sula.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Call us today. All consultations are free and strictly confidential. TOLL FREE: 1.800.215.7117. See our website for information on what to do in the event of an injury on a cruise ship: 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 or incident 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 fee basis; if we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. This all happens on cruise ships and we have handled these types of claims for 29 years.

Hickey has testified before Congress about safety and security onboard cruise ships and claims against cruise lines. He 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. He currently serves 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 July 13, 2009, the FDA announced that the company Haloteco issued a nationwide voluntary recall of Libipower Plus.

Haloteco issued the recall after an FDA representative tested samples of Libipower Plus and found the ingredient Tadalalafil. Tadalalafil is not listed on the Libipower Plus product label and is commonly used as an active ingredient in drugs prescribed for Erectile Dysfunction (ED).

The FDA is concerned how Tadalalafil may interact with medications individuals take for other various medical conditions.

The undeclared ingredients may interact with nitrates found in some prescription drugs such as nitroglycerin and may lower blood pressure to dangerous levels. Consumers with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates. Additionally, the product may cause side effects, such as headaches and flushing.

The FDA suggests that customers who have Libipower Plus in their possession should stop using it immediately and contact their physician if they have encountered any problems that may be related to taking this product. In situations like these, a customer may even want the help of a defective products lawyer.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Call us today. All consultations are free and strictly confidential. TOLL FREE: 1.800.215.7117. 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 fee basis; If we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. We have handled these types of claims for 29 years.

Primary Sources:

http://www.fda.gov/Safety/Recalls/ucm171740.htm

Honduras is not only a country currently in political turmoil; it is also a major cruise ship destination. However, even with the recent military exile of Honduran President Manuel Zelaya, Carnival Cruise Lines has not changed their scheduled stops in ports near Honduras.

One of the main destinations in Honduras for tourists is Roatan, an island off the country’s Caribbean coast. Cruise ships also visit the island, and Carnival Cruise Lines still has port calls scheduled this week.

The Carnival Valor is scheduled to arrive in Roatan, Honduras on Wednesday, July 1, 2009 followed on Thursday by the Carnival Legend.

Other cruise lines such as Royal Caribbean and Norwegian also have itineraries that include a stop in Honduras. However, neither of these companies have any trips to the country planned in the near future.

On Monday, June 29, 2009, the U.S. State Department recommended that travelers do not participate in any non-essential travel to Honduras until further notice is given.

The State Department also urged U.S. citizens living or traveling in Honduras to register with the nearest U.S. Embassy or Consulate through the State Department’s travel-registration site, https://travelregistration.state.gov/ibrs, and to obtain updated information on travel and security within Honduras. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Call us today. All consultations are free and strictly confidential. TOLL FREE: 1.800.215.7117. See our website for information on what to do in the event of an injury on a cruise ship: 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 or incident 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 fee basis; if we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. This all happens on cruise ships and we have handled these types of claims for 28 years.

Hickey has testified before Congress about safety and security onboard cruise ships and claims against cruise lines. He 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. He currently serves 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.

Primary Sources:
http://seattletimes.nwsource.com/html/travel/2009402022_webhonduras30.html
http://www.msnbc.msn.com/id/31604879/ns/world_news-americas/

On Monday, June 29, 2009, the U.S. Food and Drug Administration confirmed that a sample of refrigerated Nestle Toll House cookie dough contained E. Coli bacteria.

The concern of E. Coli bacteria in the cookie dough was first announced on June 19, 2009. At that time, the U.S. Centers for Disease Control and Prevention cautioned customers to not purchase or eat the pre-packaged dough.

After collecting a sample at the Nestle factory in Virginia, the FDA confirmed E. Coli bacteria was present.

Nestle said the products involved in the recall included all varieties of Nestle Toll House refrigerated Cookie Bar Dough, Cookie Dough Tub, Cookie Dough Tube, Limited Edition Cookie Dough items, Seasonal Cookie Dough and Ultimates Cookie Bar Dough.

It is hard to measure the number of people affected by the bacteria since many people may not attribute symptoms of diarrhea or dehydration to the cookie dough. However, the U.S. Centers for Disease Control is trying to determine how many individuals have been affected.

As of last Thursday, the CDC reported that 69 people in 29 states had been infected with a strain of E. Coli. Thirty-four people have been hospitalized.

Nestle’s U.S. baking division has voluntarily recalled the refrigerated cookie dough until further tests can be taken to ensure the safety of the product.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Call us today. All consultations are free and strictly confidential. TOLL FREE: 1.800.215.7117. 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 fee basis; If we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. We have handled these types of claims for 28 years.

Primary Sources:
http://www.newsdaily.com/stories/tre55t0ty-us-nestle-recall-cookiedough/
http://www.newsdaily.com/stories/tre55i3ig-us-nestle/

Carnival Cruise Line passenger Michelle Vilborg disappeared from the Carnival Holiday around midnight on June 16, 2009. The five day cruise to the Yucatan Peninsula ended after only the first night for Michelle Vilborg who supposedly fell overboard. The cruise was intended as a celebration of Michelle’s 50th birthday as well as to commemorate 30 years with her husband, Swede Vilborg.

In an interview with Swede Vilborg, he recalls Michelle was going to get into the shower just as he was going to sleep.

“I’m laying in the bed, I can hear the water turn on, and I dozed off,“ Vilborg said.

Only about 45 minutes later, Swede Vilborg awoke, realized Michelle was gone, and immediately expected foul play. Mr. Vilborg firmly believes that Michelle’s disappearance has no connection to a suicide attempt or an accidental fall overboard.

Vilborg’s disappearance marks at least the third time in less than a month that a passenger went overboard from a Carnival ship based on the Gulf Coast.

Soon after Michelle Vilborg was reported missing, the Coast Guard began searching approximately 75 miles off Pensacola, FL in the Gulf of Mexico. After searching an area the size of Delaware for two days, the Coast Guard called off the search. Michelle Vilborg has not yet been found.

If you or someone you know has had an accident aboard a cruise ship, call Hickey Law Firm, P.A. 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.

Call us today. All consultations are free and strictly confidential. TOLL FREE: 1.800.215.7117. See our website for information on what to do in the event of an injury on a cruise ship: 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 or incident 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 fee basis; if we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. This all happens on cruise ships and we have handled these types of claims for 28 years.

Primary Sources:

http://www.counton2.com/cbd/news/national/article/coast_guard_searches_gulf_waters_for_missing_cruise_ship_passenger/33337/
http://www.counton2.com/cbd/news/national/article/alabama_woman_mysteriously_disappears_from_carnival_cruise_ship/37224/

A cruise ship carrying 122 people (both passengers and crew) was stranded last Thursday (12/4) on the coast of Antarctica after it struck ice, officials said. The Ushuaia (named for the Argentine port from which it departed) was stricken 186 miles southwest of the Argentine Marambio military base.

Mariano Memolli of the Argentina Antarctic Directorate told Argentina’s TodoNoticias (TN) Television a naval boat and plane were dispatched to evacuate the passengers of the Ushuaia as a precaution. The ship, carrying 89 passengers and 33 crew members, was losing fuel and taking on water but was not in danger of sinking, Television C5N reported. A nearby cruise ship, the Atlantic Dream, was heading toward the stricken vessel to offload passengers. No injuries had been reported.

Adm. Daniel Martin, head of the naval base in Ushuaia, Argentina, where a call for help was received from the ship, said the passengers were “in a perfect state of health,” and were awaiting the arrival of the Atlantic Dream, a nearby cruise ship, C5N said.

“The weather conditions are not the best” where the ship is, he said. “There are regular winds in the zone with violent gusts.” But he said the ship is protected because it is in a strait, and the weather would not affect the arrival of the rescue plane.
The Ushuaia is part of Antarpply Expeditions, according to CruiseCritic’s web site.

Sources:
http://www.cnn.com/2008/TRAVEL/12/04/stranded.ship.antarctica/index.html
www.BostonGlobe.com;
www.CruiseCritic.com;
www.TravelAgentCentral.com
www.TravelWeekly.com
Page A19, New York Times

The National Crime Prevention Council (NCPC) has stated that travel safety has taken on a new meaning during these tough economic times. The organization best known for its icon, McGruff the Crime Dog, says opportunistic thieves may be looking for unprotected homes or pre-occupied travelers during the Thanksgiving holiday.

NCPC suggests following these safety tips to avoid problems during the start of the busiest travel season of the year.

Safety begins at home
• Make sure your house looks “lived-in” when you are away. Lock all doors and windows, and set household lights (inside and out) on timers.
• Trim your hedges and bushes so thieves do not have a place to hide out.
• Have a neighbor park a car in your driveway to make it appear as if someone is home.
• Invest in an alarm. An alarm system controls access points to your home and lets you know if someone has invaded your space.
• Ask a trusted neighbor or friend to watch your house and pick up your mail and newspapers while you are away.
• File a “travel plan.” Let someone know where you are going, the route you plan to take, and when you plan to arrive. If you deviate from that plan, let someone know.
Watch out for clever criminals
• Do not stop if your car is bumped from behind or if someone says there is something wrong with your car. Go to a service station or a well-lit, populated area and call for help.
• Fill the gas tank before dark and lock your car doors, and roll up your windows if you step away from the car for any reason.
• Never leave items of value such as cell phones, cameras, jewelry, or other expensive belongings visible in your car. Lock them in your trunk or take them with you.

Safety away from home
• Carry money separately from credit cards. Carry your purse close to your body or your wallet inside a coat or front trouser pocket.
• If you choose to shop on Black Friday, do not overburden yourself with packages to avoid being an easy target.
• Stick to well-lighted and well-traveled streets at all times.
• Select ATM machines in visible, well-lighted locations.
• Do not leave valuables in your hotel room. Most hotels have safes for guest use.
• Keep your hotel room door locked, even when you are inside.

National Crime Prevention Council

The National Crime Prevention Council (NCPC) is a private, nonprofit organization whose primary mission is to be the nation’s leader in helping people keep themselves, their families, and their communities safe from crime. NCPC manages public service advertising under the National Citizens’ Crime Prevention Campaign — symbolized by McGruff the Crime Dog(R) and his “Take A Bite Out Of Crime(R)” slogan — and acts as secretariat for the Crime Prevention Coalition of America, more than 400 national, federal, state, and local organizations representing thousands of constituents who are committed to preventing crime. NCPC is funded through a variety of government agencies, corporate and private foundations, and donations from private individuals. For more information on crime prevention issues, visit www.ncpc.org.

Happy Holidays from all of us here at Hickey Law Firm, P.A.

Have you ever been horrified at the cost of using your mobile phone abroad and the fact that you have to pay to receive calls as well as make them! With a bit of planning you may be able to cut down your mobile phone costs. This blog tells you how.

Plan ahead:

It is like a lot of things in life, ‘failing to prepare is preparing to fail’, so if you are planning to use your mobile phone on holiday make sure you are fully equipped with the facts to ensure you don’t face a hefty bill!

Call charges:

Before departing on your holiday, make sure you know what your mobile phone provider charges for roaming in the country you are visiting. Some mobile phone operators charge flat rates for text messages and calls to the United States no matter what time of day it is or what foreign network you use. So when you arrive at your destination you can simply turn on your mobile phone on and use the network it automatically defaults to. Simple!

Certain networks however charge different call rates depending on which foreign network you use. It is therefore worthwhile finding out which foreign network is cheapest before you leave the country so that you can select it manually when you arrive at your destination.

Price comparison:

Getting an overview of what prices each mobile phone company charge is a good place to start and save money. The Internet is ideal for this. Another good way of keeping costs to a minimum is by using payphones for local calls and then buying an international card for calls back to the UK.

Text messaging:

It is best to try and limit the amount of text messages you send as the costs can mount up very quickly. The European Commission is proposing to reduce the cost of text messaging which may come into force next summer after it has been approved by Governments and the European Parliament.

SIM cards:

If you are going away for an extended period in one country, e.g. a Gap year, it might be worth considering buying a SIM card. You can buy an International one in the UK before you go or one at your destination.

Check your mobile phone works abroad:

The last thing you need is your phone not to work when you arrive at your destination. So well in advance of your departure date there are a few things you need to do. Firstly, check whether your mobile phone will work at your destination. Secondly, check with your mobile phone provider to make sure you can use your phone in the country you are visiting – not all networks allow you to roam anywhere. Thirdly, ask your mobile phone provider whether or not they have to activate your phone for use abroad. Finally, check the network coverage in the country you are visiting.

Travel adaptor and phone charger:

These are vital items to pack in your suitcase before you go, so you are not left in the middle of nowhere with a mobile phone with a flat battery!

Government and the Royal Caribbean Cruise Line (RCCL) signed a US $122-million contract for the development of a new cruise ship terminal on November 7th in Falmouth that promises significant increase in stopover visits to the north coast.

“They have guaranteed 400,000 visitors coming into the Falmouth port every year for the next 20 years,” said Prime Minister Bruce Golding, who signed the agreement along with Adam Goldstein, CEO of Royal Caribbean International.

The contract forms part of a US$224-million project that includes the establishment of themed retail shopping areas, entertainment facilities and restaurants in the Trelawney north coast town.

According to Golding, completion of the new pier and landside development is expected in May 2010 to coincide with the arrival of the Oasis of the Seas, the world’s largest cruise ship.

“Royal Caribbean has already started marketing Falmouth,” Golding said at the signing held at the Hilton hotel in Kingston. “We are going to have to do everything possible to assure that we meet the deadline,” he added. Transport & Works Minister Mike Henry, who also spoke at the signing, said that project would employ more than 700 workers during the construction phase and “hundreds others on a permanent basis afterwards”.

Under the contract, RCCL will be responsible for the landside development of sections of the town surrounding the pier that will retain the Georgian architectural ambiance for which Falmouth has been designated a world heritage site. “We have to recreate that as much as possible,” Golding remarked.

The RCCL chief said that he welcomed the opportunity to participate in the infrastructure development of the town, noting that Falmouth was ideally placed between the established ports of Montego Bay and Ocho Rios and would benefit the entire North coast.

“It’s a central location, we have an opportunity to make Falmouth and the north coast an even stronger attraction than it was before,” Goldstein said adding that the improvements around the pier would become a permanent tourist destination.

“When cruise ships are not there it will still be an attraction,” he added. At the same time Golding affirmed that environmental safeguards were observed and all of the issues addressed. “The project must become friendly to the ecology that we have there,” said the prime minister.

The multi-million-dollar pier works include dredging the Falmouth harbor, raising the elevation of low-lying areas and the building of a sea wall and promenade.

One thing to keep in mind about RCCL’s new investment is that Kingston is the most dangerous city in the Caribbean. Make sure to take more precautions here than you would elsewhere. The major problem facing most foreigners is mugging: Robbery is commonplace. If you are travelling in Kingston, stay with a group of people and if you do find yourself alone, return to your ship immediately. Make sure to get back to your ship, in order to depart on time to avoid being left behind by the cruise lines.