Indiana Resident Sues Carnival Cruise Line Following Botched Medical Treatment and Improper Intubation Aboard Carnival Mardi Gras
Scott Fleck, a resident of Indiana and a former EMT, has filed a maritime personal injury and medical malpractice lawsuit against Carnival Corporation and two shipboard physicians in the Southern District of Florida. The complaint, filed under Case No. 1:26-cv-21125-KMM, alleges that Fleck suffered life-altering permanent injuries due to the gross negligence and medical incompetence of the ship’s medical staff during a cruise aboard the Carnival Mardi Gras in February 2025.
Cruise Passenger Sustains Severe Injuries After Carnival Medical Staff Fails to Manage Non-Neurological Seizure Correctly
The legal action stems from an incident that occurred while the vessel was in navigable waters. According to the complaint, Fleck began experiencing symptoms of a non-neurological seizure while on the pool deck, a condition he had previously managed due to PTSD. Although his wife explicitly informed the ship’s medical team of his history and the specific need for benzodiazepines rather than invasive intervention, the medical staff allegedly ignored these directives. The lawsuit claims that despite Fleck’s oxygen levels remaining within a safe range, the medical defendants insisted on intubating him over his wife’s objections. This decision reportedly led to a series of catastrophic errors, including failed intubation attempts where gastric content entered the tube and a subsequent inability by the staff to operate a CPAP machine.
Carnival Corporation Accused of Vicarious Liability for Medical Malpractice and Negligent Supervision of Shipboard Doctors
A central theme of the lawsuit is the relationship between Carnival Corporation and the medical defendants, Dr. Javier Ricardo Castillo Guerra and Dr. Muhammad Ramzan Waris. The plaintiff alleges that Carnival is vicariously liable for the doctors’ actions under the theories of respondeat superior and apparent agency. The complaint highlights that Carnival treats its medical center as a profit center, charging passengers for services and maintaining complete control over the facility’s equipment, supplies, and staffing. Fleck asserts that the cruise line represents its medical staff as ship officers who wear company uniforms and follow the master’s orders, leading passengers to believe they are receiving care from vetted and qualified employees of the cruise line.
Lawsuit Details Catastrophic Intubation Errors and Failure to Coordinate Emergency Medical Evacuation from Carnival Mardi Gras
The complaint further alleges a horrifying series of medical blunders that took place once the decision to intubate was made. When Fleck was eventually transferred to a shoreside ICU after the ship docked, doctors discovered that the intubation tubes had been inserted into the wrong organs. Specifically, the tube intended for the stomach was placed in the lung, and the tube intended for the lung was placed in the stomach. This misplacement caused Fleck to aspirate and suffer from dramatic drops in oxygen saturation. Furthermore, the lawsuit alleges that the medical staff ignored repeated requests for an emergency medical evacuation while the ship was at sea, prioritizing the vessel’s itinerary over the urgent life-saving needs of a passenger in respiratory distress.
Plaintiff Seeks Damages for Permanent Disability and Emotional Distress Resulting from Substandard Maritime Medical Care
Fleck’s lawsuit includes counts for vicarious liability based on actual and apparent agency, failure to warn, and general negligence against both the cruise line and the individual doctors. The plaintiff claims he suffered significant physical pain, mental anguish, and a permanent loss of earning capacity. The filing argues that Carnival breached its duty of reasonable care by failing to provide competent medical staff and by failing to warn passengers that the medical team lacked the training to operate basic life-saving equipment like ventilators and CPAP machines. The legal team for the plaintiff also points to a hematoma caused by an improperly managed foley catheter, adding to the list of physical traumas Fleck endured before he could even return home to Indiana.
Contact a Cruise Ship Medical Malpractice Lawyer if You Received Negligent Care During Your Vacation
Passengers who suffer injuries due to incompetent medical treatment or the failure of a cruise line to facilitate a timely medical evacuation may be entitled to significant compensation under general maritime law. Cruise companies like Carnival are responsible for the actions of the medical professionals they hire and promote as part of their onboard services. If you or a loved one experienced medical negligence or a failure to provide adequate care while on a cruise ship, it is essential to consult with a legal team that understands the complexities of maritime litigation. We are prepared to help you hold the cruise line accountable and seek justice for your injuries.
Contact us now to speak with a cruise ship medical malpractice attorney.
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.
