DCL Being Sued By Passengers on March 2020 Fantasy Sailing Who Got Covid

[DLgal]

This is why we can't have nice things.

 

[Suz333]

I don’t get the “we were forced to go on the cruise” mentality.

I do understand the pain of making the choice to lose vacation money and plans, but with an immunocompromised family member I’m appalled at the lack of personal responsibility. It’s not like COVID was still a surprise by then.
In the equation of , “what’s the least egregious sucky outcome?”, losing vacation money for a cruise that might be safe vs go on the cruise and risk illness, how did they land on “let’s take the cruise”, based on the higher risk of their family? And now it turns out that they could have received a refund the day before?

Yes, I know the refund wasn’t available until the day before, but this was just so ill advised on their part.

 

[Maggie'sMom]

I don't see the plaintiffs prevailing in this suit for 2 main reasons: 1) it will be impossible to prove they got COVID on the cruise, and 2) no one forced them to cruise. Yes, they may have been out of money, but they could have made the responsibile decision not to cruise during a pandemic with immuno-compromised children. Plus, if the previous poster is correct that Disney did offer to let people cancel without penalty the day before the cruise, then their argument goes out the window.

 

[happiestgrl]

I was on this cruise. We were given the option to cancel the Friday before we sailed that Saturday.

I was on the Dream a few days before and we were absolutely given the opportunity to cancel with refund.

 

[auntlynne]

Sad to hear they got COVID, but this is an argument for getting trip cancellation insurance, especially with an immune compromised family member.

Anything in life, if you think you are putting someone at risk, err On the side of safety, even if you lose money.

I think I am preaching to the choir, though, from the above responses.

 

[Tigerlulu]

And how do you tie a positive covid test in May back to an ICU stay in March? Seriously. I’ve stayed up on my covid research and they are really stretching. Even back then when you could test positive for awhile after b/c you were shedding the dead virus, you can’t prove one came from the other came from the cruise. This won’t fly either.

 

[otten]

And how do you tie a positive covid test in May back to an ICU stay in March? Seriously. I’ve stayed up on my covid research and they are really stretching. Even back then when you could test positive for awhile after b/c you were shedding the dead virus, you can’t prove one came from the other came from the cruise. This won’t fly either.

Unless it is a typo my guess is that a covid test was not administered during the ICU stay but they later got antibody tests. In which case it would be impossible to prove that they caught it on the ship.

 

[PrincessShmoo]

Unless it is a typo my guess is that a covid test was not administered during the ICU stay but they later got antibody tests. In which case it would be impossible to prove that they caught it on the ship.

That would make sense why there wasn't any sort of COVID-specific test until May.

And it looks like they're trying to say "He had COVID antibodies in May. He was sick in March, must have been COVID."

 

[Tigerlulu]

Unless it is a typo my guess is that a covid test was not administered during the ICU stay but they later got antibody tests. In which case it would be impossible to prove that they caught it on the ship.

That would make sense why there wasn't any sort of COVID-specific test until May.

And it looks like they're trying to say "He had COVID antibodies in May. He was sick in March, must have been COVID."

Totally could be. I don’t remember when antibody tests came out. I do remember following the American diamond princess passengers who got it and the government was all over them with tests every other day. Well, 2 of them anyway. 1 was in Japan, and 1 never got it but quarantined in Nebraska at the cdc place they kept her husband and had to be tested a few times. But my point was where testing was needed, testing happened. I would think if there was a potential case fresh off a cruise ship in an ICU in March testing would have absolutely happened.

 

[npatellye]

In the equation of , “what’s the least egregious sucky outcome?”, losing vacation money for a cruise that might be safe vs go on the cruise and risk illness, how did they land on “let’s take the cruise”, based on the higher risk of their family? And now it turns out that they could have received a refund the day before?

Yes, I know the refund wasn’t available until the day before, but this was just so ill advised on their part.

They were notified of the option to cancel and receive a refund in advance but they could have cancelled up to the day before and received a full refund.

 

[cvjw]

Totally could be. I don’t remember when antibody tests came out.

My whole family took antibody tests on Mother’s Day last year.

 

[soniam]

Seems like a long time to wait and sue too. I wonder if there's an angle to doing it now versus earlier. Still think it's completely bogus though. Your families health and lives come before money. We had 2 non-refundable DVC rentals that we would have just thrown away if any of us were high risk or we couldn't quarantine ourselves afterwards.

 

[Makmak]

I googled Disney Cruise lawsuit and there are two law firms that are right at the top that specifically say they sue Disney cruise line....like how crazy is that as a specialization??? Also the article in sentinel says they tested positive for COVID not an antibody test. One family was 4 weeks post cruise and the other was 6 weeks after.

 

[apathetic]

Surprised it took this long. Cruises cost a lot of money, but deciding to take your immune compromised kids on a cruise even during the early days of Covid, should be grounds to question your competency as a parent. This is a ridiculous cash grab.

 

[squirk]

I know this qualifies as Disney "news," but I really wish The DIS (and all its subsidiaries) would stop reporting on arguably unmeritorious nuisance suits like this. Honestly, I feel like it's nothing but noise.

(* - yes, I know the article is from The Sentinel, but it's also on DCL Fan's web site and FB page)

 

[redrosesix]

No way they can prove they got covid on the cruise

actually there is, but it would require the cooperation of all of the passengers who tested positive. The virus changes slightly with each person who is infected (which is why new strains develop). Genome sequencing maps the RNA in the virus and can this can be used to determine who got the virus from whom.

oh wait...that would assume they kept the tests somewhere. Do they do that there?

 

[Kiwifan]

I doubt that they caught it while on the Fantasy. My daughter worked on board & was on this cruise. She was also also stuck on the ship for 3 months after the passengers departed. Not one fantasy crew member showed symptoms or tested positive for the virus at any time.

 

[I_love_Cruising]

More details in this article and accessible from the EU

https://www.tampabay.com/news/healt...e-claim-they-caught-the-coronavirus-on-ships/

 

[BadPinkTink]

More details in this article and accessible from the EU

https://www.tampabay.com/news/healt...e-claim-they-caught-the-coronavirus-on-ships/

thanks but its behind a paywall. Again can you copy and paste the text and not just assume everyone can access what you can access.

 

[I_love_Cruising]

thanks but its behind a paywall. Again can you copy and paste the text and not just assume everyone can access what you can access.

It's not behind a paywall for me, so yeah I assumed it was free for everybody.

But of course I can copy paste it for your convenience. You're very welcome!

Disney cruise passengers sue, claim they caught the coronavirus on ships
The lawsuits provide brief details on the plaintiffs and their children’s symptoms.

The Disney cruise ship Fantasy pictured at Port Canaveral, Fla., on March 7, 2012. Disney Cruise Line is facing four federal lawsuits from tourists who say they contracted the coronavirus while on board last March. [ JOE BURBANK | Orlando Sentinel ]
By Gabrielle Russon Orlando Sentinel (TNS)
Published Earlier today
Updated Earlier today
Disney Cruise Line is facing four federal lawsuits from Utah and Arizona tourists who claim they contracted the coronavirus while on board the Disney Fantasy ship last March, just before the cruise business docked during the pandemic.
The tourists said they contracted the virus while on board and began feeling sick, according to the four lawsuits filed March 2 in federal court’s Orlando division that each seek unspecified damages.
A Disney Cruise Line spokeswoman denied the lawsuits’ allegations.
“We disagree with the allegations and will respond to them in court. No guests or Crew reported symptoms of Covid-19 while aboard the Disney Fantasy during the March 7, 2020, sailing,” Cynthia Martinez said in a statement. “Disney Cruise Line communicated health and safety information with guests in advance of and during their sailing and had numerous protocols in place at the time.”
The lawsuits accused Disney of refusing to let passengers cancel or reschedule their cruises even if they had “autoimmune diseases and compromised health conditions,” so they were “left without any option” to go on their March 7-14, 2020 trip.
According to a Disney email sent to passengers, guests were allowed to change their reservation up until the day before embarkation to receive a 100 percent cruise credit.
“Disney continued to allow passengers ... to eat in buffets settings, provide group entertainment activities aboard the vessel (such as dancing) and otherwise allowed passengers to fully participate in the subject cruise as if there was no COVID-19 outbreak or threat thereof aboard the vessel,” the lawsuits said.
Disney said it stopped the buffet March 12.
The four plaintiffs retained the same Miami law firm and their complaints were similarly phrased in the court documents. The plaintiffs were Arizona residents Judy Parkin and Krystal Skinner and Utah residents Kailee Taylor and Scott and Jana Olsen. The attorneys representing the four lawsuits, Stefanie Black and Jason Margulies, did not return messages.
Posted on the Disney Cruise Line’s website is a pandemic warning: “By sailing with Disney Cruise Line you voluntarily assume all risks related to exposure to COVID-19.”
The lawsuits provide brief details on the plaintiffs and their children’s symptoms.
After the ship returned, the lawsuit claimed, Scott and Jana Olson’s child was taken to a hospital intensive care unit on March 16, 2020, with a high fever and difficulty breathing.
The child, who had an unspecified autoimmune disease tested positive for COVID-19 on May 1, the lawsuit said. The parents also tested positive.
“Plaintiffs feared for their own lives as well as the lives of each other,” the lawsuit said.
One of Krystal Skinner’s children also had an autoimmune disease that wasn’t specified in the lawsuit and felt body aches, fever, chills and a cough on the cruise. Her other child, who has asthma, had migraines, a high fever and difficulty breathing, the lawsuit stated.

Both tested positive for COVID-19 on April 15, the lawsuit said. Their mother also felt sick on board and tested positive the same day as her children, according to the lawsuit,
The lawsuits outlined a timeline early last year that showed how concerns that the highly contagious virus was a threat to cruise ships became public.
That timeline included Carnival’s Diamond Princess, which had a COVID-19 outbreak of nearly 700 cases in early February and quarantined for two weeks while anchored at Yokohama Harbor in Japan. The lawsuit said the incident was “an early, dire warning of how easily COVID-19 could spread on massive ocean liners” for Disney Cruise Line and the cruise industry.
On March 8, 2020, the day after the Fantasy left, the U.S. Department of State recommended Americans should not travel on cruise ships.
Since then, the cruise industry has shut down for the past 15 months. Disney Cruise Line canceled sailings through at least May of this year, the Sentinel previously reported.
Disney Fantasy, which has been sailing since 2012, previously ran year-round cruises from Port Canaveral.
“If at any time during your cruise you believe you are ill, we ask that you please contact the ship’s Health Center immediately,” Disney Cruise Line sent in an email to passengers before the Fantasy took to the water last March.
• • •