Nicaraguan Seaman Sues Carnival Cruise Line and Starboard Services Following Multiple Shipboard Injuries and Denied Medical Care

Yuri Olaisha Aguilar Tatum, a seaman and citizen of Nicaragua, has initiated a federal maritime lawsuit in the United States District Court for the Southern District of Florida against Carnival Corporation, Starboard Holdings Ltd., and International Cruise Shops Ltd. The complaint, filed under Case Number 1:26-cv-26488-CMA, details serious, progressive physical injuries sustained across multiple contracts aboard the Carnival Magic and Carnival Firenze. Seeking extensive relief under the Jones Act and general maritime law, Aguilar Tatum asserts that negligence, vessel unseaworthiness, and bad-faith refusal to furnish necessary maintenance and cure have left her permanently injured and without adequate medical relief.

Maritime Worker Suffers Overexertion and Defective Cabin Bunk Ladder Fall Aboard Carnival Magic

The legal complaint recounts that Aguilar Tatum began working as a retail sales associate aboard the Carnival Magic under employment arrangements with the defendants. Her service was initially compromised on September 18, 2023, while performing heavy manual lifting during restock operations. Because the retail department was severely shorthanded, crew members were forced to handle excessive workloads without sufficient mechanical equipment or ergonomic support, causing acute damage to her neck and shoulder. Although she reported her excruciating symptoms to the shipboard infirmary, she was given short-term analgesic injections and promptly returned to full duty after a single day of rest.

The hazards escalated significantly on October 26, 2023, when Aguilar Tatum attempted to descend from her designated top bunk inside her crew cabin. The bunk ladder, which lacked non-skid treads, corrugation, or appropriate safety grip surfaces, slipped out of position because untrained personnel had set it up improperly. Aguilar Tatum plummeted from the upper berth, striking a hard wooden fixture and inflicting catastrophic direct trauma to her lower back and right hip. Shipboard management allegedly discouraged her from seeking prompt care by cautioning that medical visits were disfavored by company leadership. When she finally received shipboard treatment two weeks later for severe swelling and ligament distress, the ship physician merely prescribed anti-inflammatory drugs and cleared her back to heavy physical labor.

Repeat Loading Injuries on Carnival Firenze Expose Dangerous Manning Levels and Lack of Lifting Equipment

Despite unresolved spinal trauma and constant pain, Aguilar Tatum was reassigned to the Carnival Firenze in February 2024 without a comprehensive fit-for-duty medical evaluation. On April 23, 2024, during a port call in Long Beach, California, vessel managers ordered her to execute demanding stores duty by loading heavy inventory into Starboard lockers. Working shorthanded with only one other crew member, she experienced severe pain shooting into her lower spine, right hip, and leg while hoisting heavy boxes.

Upon presenting to the Carnival Firenze medical team with debilitating radicular symptoms, she was subjected to repetitive Ketorolac injections and continuously forced back to full shifts without diagnostic imaging or physical therapy. In May 2024, shoreside orthopedic specialists at BlueNet Hospitals in Cabo San Lucas diagnosed bursitis and urgently recommended magnetic resonance imaging of her lumbar spine and hip, along with structured physical therapy. Rather than carrying out these expert directives, the shipboard doctors ignored the shoreside medical orders, refused her direct requests for diagnostic scanning, and mandated that she keep working on prescription medication she was forced to purchase herself.

Cruise Operator Accused of Jones Act Negligence, Unseaworthiness, and Withholding Maintenance and Cure

Following delayed repatriation to Nicaragua in June 2024, detailed diagnostic imaging and neurological evaluations at Hospital Vivian Pellas revealed extensive traumatic harm, including torn spinal disc rings at L4-L5 and L5-S1, bilateral nerve root compression, severe gluteus medius tendinitis, and a SLAP labral tear of the right shoulder. While Aguilar Tatum required shoulder surgery and platelet treatments, her recommended spinal decompressive surgery remained stalled. Prolonged ingestion of high-dose painkillers also triggered dangerous secondary hypertension that required separate hospitalization.

The lawsuit levels seventeen distinct counts across Carnival, Starboard, and International Cruise Shops. Under the Jones Act, the defendants are accused of failing to provide a safe place to work, enforcing hazardous work schedules without ergonomic safety controls, assigning excessive tasks without adequate staffing, and failing to provide prompt, adequate medical care. Under general maritime unseaworthiness doctrine, Carnival is cited for defective crew quarters, hazardous bunk ladders, and an unfit crew. Aguilar Tatum also asserts claims for maintenance and cure, alleging that the defendants acted in willful, callous, and arbitrary disregard of maritime law by withholding authorized spinal surgeries, diagnostic imaging, and therapeutic care. The action demands compensatory damages for permanent disability, lost future earning capacity, medical expenses, and punitive damages for bad-faith deprivation of seaman benefits.

Contact a Maritime Injury and Cruise Ship Worker Attorney Today if Hurt at Sea

Seamen and maritime employees who sustain injuries during vessel operations or crew assignments are entitled to robust protections under federal maritime law and the Jones Act. Vessel operators and employers have non-delegable legal duties to maintain seaworthy living quarters, ensure safe working conditions, provide sufficient manpower, and promptly pay complete maintenance and cure until maximum medical recovery is reached. If you or a loved one suffered serious injuries while working aboard a cruise ship or commercial vessel, reach out to our team of dedicated maritime lawyers to review your legal rights and explore your options.Contact us now

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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.