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Nicaraguan Crew Member Sues Holland America, Starboard, and International Cruise Shops Over Back Injury on Volendam
Modesto Alberto Bermudez Mendoza, a citizen of Nicaragua, has filed a maritime injury lawsuit in the Southern District of Florida against International Cruise Shops, Ltd. (ICSL), Starboard Cruise Services, Inc., and Holland America Line, NV. The lawsuit, filed under Case No. 1:25-cv-23286, alleges that Bermudez Mendoza suffered severe spinal injuries while working as a sales associate aboard the M/V Volendam, due to unsafe working conditions, heavy lifting without proper equipment, and delayed medical care.
Crew Member Claims Unsafe Storage Conditions and Heavy Lifting Led to Severe Back Injury
According to the complaint, Bermudez Mendoza was injured on February 22, 2023, while performing his duties in a storage locker aboard the Volendam. He alleges that he was required to lift and store heavy boxes under unsafe conditions, including cramped locker spaces with improperly stacked merchandise. While attempting to prevent a large, unstable box from falling, Bermudez Mendoza suffered a significant lower back injury.
The lawsuit claims that he was required to perform the duties of multiple crewmembers due to understaffing and was not provided basic protective equipment such as a back brace. The complaint alleges that Holland America and Starboard failed to maintain safe storage conditions, failed to properly train and supervise staff, and neglected to enforce safe lifting procedures.
Lawsuit Alleges Delayed and Inadequate Medical Care Onboard and Shoreside
Bermudez Mendoza alleges that despite repeatedly reporting severe back pain to the ship’s medical staff, he was sent back to work without appropriate treatment or rest. The ship’s physician allegedly failed to conduct neurological examinations, refused to provide medical leave, and threatened Bermudez Mendoza with non-medical termination if he continued to report pain.
The complaint states that it took over two months before Bermudez Mendoza was seen by a specialist and underwent diagnostic testing, which revealed significant lumbar disc damage at L4-L5 and L5-S1. He underwent extensive conservative treatments and was recommended for spinal surgery, but his employers allegedly cut off maintenance and cure benefits when he did not proceed with a risky spinal fusion.
Defendants Accused of Negligence, Unseaworthiness, and Breach of Maintenance and Cure Duties
The lawsuit brings multiple counts against ICSL, Starboard, and Holland America, including negligence under the Jones Act, unseaworthiness, and failure to provide maintenance and cure. Bermudez Mendoza claims the Volendam was unseaworthy due to unsafe storage conditions, inadequate medical staff, and improper training of crew members handling heavy merchandise.
The complaint highlights similar cases filed against cruise retailers like Starboard, where crew members suffered severe back injuries due to repetitive heavy lifting and lack of proper medical care. Bermudez Mendoza’s attorneys argue that the defendants had both actual and constructive knowledge of these dangerous conditions but failed to take preventive action.
Plaintiff Seeks Damages for Permanent Disability, Lost Wages, and Pain and Suffering
Bermudez Mendoza claims that his injuries have resulted in permanent impairment, ongoing pain, and loss of future earning capacity. He seeks damages for past and future medical expenses, lost income, emotional distress, and punitive damages due to the alleged willful denial of maintenance and cure benefits.
Contact a Cruise Ship Crew Injury Lawyer if You Suffered a Workplace Injury at Sea
Crew members injured due to unsafe working conditions or denied proper medical care may be entitled to compensation under maritime law. Employers and cruise lines have a legal obligation to provide a safe workplace, adequate medical treatment, and maintenance and cure benefits to injured seafarers. If you or a loved one has suffered a serious injury while working aboard a cruise ship, our experienced maritime attorneys can help you navigate your rights under the Jones Act and general maritime law.
Contact us now to speak with a cruise ship crew injury lawyer.