Georgia Family Sues Royal Caribbean After Cruise Ship Medical Failures Leave Passenger with Permanent Injuries Aboard Harmony of the Seas

A Georgia woman and her family have filed a maritime injury lawsuit in the Southern District of Florida against Royal Caribbean Cruises Ltd. and Captain Johnny Faevelen, alleging gross medical negligence and violations of federal maritime safety laws aboard the Harmony of the Seas. The lawsuit, filed Pro Se under Case No. 1:25-cv-24393, claims that 67-year-old Roberta “Bobbie” O’Brien suffered permanent respiratory and neurological damage after the cruise ship’s infirmary failed to diagnose or treat her bilateral pneumonia due to broken diagnostic equipment and depleted oxygen supplies.

Cruise Passenger Nearly Dies After Medical Equipment Fails Aboard Harmony of the Seas

According to the complaint, the O’Brien family boarded the Harmony of the Seas on September 25, 2022, for a seven-day Caribbean cruise. Just days into the voyage, Bobbie began experiencing severe flu-like symptoms, including shortness of breath, but the ship’s medical team failed to perform a chest X-ray or any relevant bloodwork. Instead, she was only tested for COVID-19 and sent back to her stateroom. As her condition worsened, her family repeatedly requested medical help, but were allegedly told by infirmary staff that “there was nothing more we can do.”

By the early hours of October 2, 2022, Bobbie was in acute respiratory failure. The complaint alleges that all oxygen tanks aboard the vessel were empty, and she went without oxygen for 30 minutes until a single functioning tank was found and shared between her and another critical patient. She was finally evacuated at Port Canaveral, where hospital staff diagnosed her with bilateral pneumonia, prolonged hypoxic respiratory failure, and permanent brain and organ damage due to lack of oxygen.

Royal Caribbean Accused of Sailing with Known Medical Equipment Failures and Oxygen Shortage

The lawsuit claims Royal Caribbean and Captain Faevelen knew of the ship’s dangerously deficient medical state even before the O’Briens boarded. On the previous voyage, just one day before the subject cruise, the U.S. Coast Guard conducted two separate medical evacuations from the Harmony of the Seas—one for a suspected pulmonary embolism and another for a possible stroke. In both cases, the ship’s X-ray and blood testing equipment reportedly failed, and the captain made an extraordinary request for the Coast Guard to “bring oxygen,” according to filed Coast Guard logs.

Despite these red flags, Royal Caribbean allegedly sailed the next morning with more than 6,000 new passengers without addressing the known medical safety violations. The O’Brien complaint characterizes this decision as willful and wanton misconduct designed to protect profits over passenger safety, comparing it to the infamous Yarmouth Castle precedent, which held cruise lines liable for knowingly operating vessels with nonfunctional emergency systems.

Filing Deadline Dispute: One-Year vs. Three-Year Limitations

Royal Caribbean’s passenger ticket contract attempts to limit lawsuits to one year from the date of injury. The O’Brien family, however, argues this restriction does not apply.

Under federal maritime law, 46 U.S.C. § 30106 provides a three-year statute of limitations for personal injury claims at sea. The lawsuit, filed on September 24, 2025—less than three years after the October 2, 2022 incident—falls within this period.

The complaint further cites 46 U.S.C. § 30527, which voids contractual provisions that limit liability for personal injury caused by negligence. In addition, the plaintiffs allege willful and wanton negligence, invoking the Yarmouth Castle precedent that contractual time limits cannot bar claims based on such conduct.

Finally, the O’Briens argue the clock should be tolled by fraudulent concealment and delayed discovery. They allege Royal Caribbean failed to disclose key facts—such as the dual U.S. Coast Guard medevacs and the captain’s urgent request for oxygen the night before embarkation—and delayed producing medical records until October 2023. These concealments, they argue, prevented them from uncovering the full basis of their claims earlier.

Georgia Plaintiffs File Cruise Medical Negligence Lawsuit Pro Se Without Attorneys

Notably, this federal maritime injury complaint was filed Pro Se, meaning the plaintiffs—Bobbie O’Brien, her husband, and adult children—are representing themselves in court without legal counsel. Pro Se filings are rare in complex maritime injury cases, which often involve technical statutes, corporate defendants, and strict procedural rules. However, under 28 U.S.C. § 1654, individuals have the right to appear on their own behalf in federal court. Although self-representation may pose risks, particularly in cases involving corporate cruise line defendants, it also reflects the plaintiffs’ determination to hold the cruise operator accountable for what they allege were life-threatening failures.

Complaint Cites Violations of Federal Maritime Medical Safety Statutes

The plaintiffs allege that Royal Caribbean violated 46 U.S.C. § 3509, a federal statute requiring cruise ships to comply with healthcare guidelines set by the American College of Emergency Physicians (ACEP). These guidelines mandate functioning diagnostic equipment and adequate oxygen reserves—both of which were allegedly missing from the Harmony of the Seas. The lawsuit also cites 46 U.S.C. § 30102(a)(1), which creates personal liability for vessel masters who fail to comply with federal maritime safety laws.

The family argues that the cruise line’s failure to replace or repair the medical equipment between sailings—despite having 18 hours in port after the Coast Guard evacuations—constitutes not only negligence, but criminal-level recklessness. The complaint further alleges that Royal Caribbean withheld critical information, including full medical records and the Coast Guard incidents, from passengers.

Family Claims Emotional Trauma, Brain Damage, and Loss of Cruise Experience Due to Royal Caribbean’s Negligence

The O’Brien family is seeking compensatory damages for physical injury, permanent neurological impairment, emotional trauma, and the ruined cruise experience. Bobbie O’Brien’s injuries include memory loss, increased anxiety, inability to swallow pills, and a lifelong fear of enclosed medical settings. The family also claims damages related to the cruise fare and travel costs, arguing that they would never have boarded had they known the ship’s medical equipment was inoperable and its oxygen supply dangerously low.

The complaint seeks punitive damages to deter future violations and hold both the cruise line and its captain personally accountable under maritime law.

Injured by Cruise Ship Medical Negligence? Speak with a Maritime Injury Lawyer Today

Cruise lines have a legal duty to ensure that medical facilities aboard their vessels meet federal safety standards. When ships sail with broken diagnostic equipment or insufficient emergency supplies, passengers face catastrophic risk—especially when far from land-based hospitals. If you or a loved one has suffered a medical emergency at sea due to cruise line negligence or failure to comply with ACEP guidelines, you may be entitled to compensation.

Contact our team to speak with a cruise ship injury attorney experienced in handling maritime medical negligence cases.

Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.