Tennessee Passenger Collapses in Thermal Spa, Sues Royal Caribbean and One Spa World After Delayed Evacuation from Symphony of the Seas

David Marchuk, a Tennessee resident, has filed a maritime personal injury lawsuit in the U.S. District Court for the Southern District of Florida against Royal Caribbean Cruises Ltd., One Spa World LLC, and multiple shipboard physicians. The lawsuit, filed under Case No. 1:25-cv-24532-KMW, alleges that Marchuk suffered a severe medical emergency inside the Symphony of the Seas thermal spa and was denied timely evacuation despite clear medical need and expert recommendation.

Cruise Passenger Collapses in Heated Spa Lounge with No Supervision or Time Limits on Symphony of the Seas

According to the complaint, the incident occurred just hours after boarding the Symphony of the Seas while the vessel was still docked at Cape Liberty, New Jersey. Marchuk entered the ship’s Vitality Spa thermal suite, where he used one of the heated ceramic loungers—a feature advertised as part of Royal Caribbean’s wellness offerings. Around 4:45 p.m., spa employees found Marchuk unresponsive.

The complaint alleges that spa staff failed to monitor the thermal area, and no time restrictions or safety warnings were posted despite known risks associated with prolonged heat exposure, such as dehydration, cardiovascular stress, and hyperthermia. When one staff member asked, “Wasn’t anyone checking on him?” another reportedly responded, “Yes, he was asleep.”

Onboard Doctors and Tele-Neurologist Urged Evacuation, But Royal Caribbean Allegedly Refused Due to Itinerary Concerns

Medical personnel were called and arrived around 4:50 p.m., documenting a Glasgow Coma Scale score of 8—indicative of significant neurological impairment. Marchuk reportedly appeared confused, repeatedly calling out for his mother.

By 6:30 p.m., onboard doctors diagnosed acute encephalopathy with seizure-like symptoms. At that time, the ship was still within immediate range to return to its embarkation port. A tele-neurologist from Royal Caribbean’s contracted platform, OrthoLive, consulted at 7:30 p.m. and recommended immediate medical evacuation.

However, at approximately 9:15 p.m., Royal Caribbean’s shoreside medical leadership—including Dr. Calvin Johnson, Chief Medical Officer, and Dr. Tommaso Ronchetti, Medical Director at Silversea Cruises—convened a video conference with the captain and ship physicians. They collectively decided not to evacuate Marchuk, allegedly citing concerns over disrupting the cruise itinerary.

Seventy Hours Passed Before Medical Disembarkation in the Dominican Republic

The lawsuit states that Marchuk remained on board for nearly three full days while his condition deteriorated. He was physically restrained due to confusion and agitation, and developed additional symptoms including headache and fever. Not until October 9—approximately 70 hours after the collapse—was Marchuk disembarked in Puerto Plata, Dominican Republic.

The local hospital was reportedly not equipped for neurological care. His family later arranged for a private air ambulance to evacuate him to Baptist Memorial Hospital in Memphis, Tennessee, where he began to show signs of improvement. The complaint alleges that the delay significantly worsened Marchuk’s medical outcome and prolonged his recovery.

Royal Caribbean Accused of Medical Negligence Under Franza and Corporate Control Over Onboard Care Decisions

The 37-page complaint brings claims of direct and vicarious liability against Royal Caribbean, asserting that the cruise line exerted active control over shipboard and shoreside medical decisions. According to the lawsuit, the company hired, trained, and supervised the ship’s doctors and nurses, controlled their protocols, and used telemedicine to manage shipboard medical care.

Citing the landmark Eleventh Circuit ruling in Franza v. Royal Caribbean Cruises Ltd., the complaint argues that cruise lines may be held liable for onboard medical negligence when they control hiring, oversight, and financial benefit of their shipboard medical staff.

In this case, Royal Caribbean’s refusal to medically evacuate Marchuk despite multiple expert recommendations allegedly demonstrates corporate prioritization of itinerary and cost over passenger health and safety.

One Spa World Also Named in Lawsuit for Failing to Monitor Spa Safety or Warn of Heat-Related Hazards

The complaint also names One Spa World LLC and its Bahamian affiliate, which operate the Vitality Spa aboard Royal Caribbean vessels. Marchuk alleges that spa employees failed to monitor the thermal suite and did not intervene when he became unresponsive. The spa allegedly lacked signage about time limits or medical risks associated with extended use of heated loungers.

Under the Eleventh Circuit’s decision in Yusko v. NCL (Bahamas) Ltd., the lawsuit argues that employers may be held vicariously liable for the negligent actions—or inaction—of their crew members if performed within the scope of employment. Marchuk asserts that spa personnel failed to meet basic standards of care despite being tasked with guest safety in a medically sensitive environment.

Lawsuit Seeks Compensation for Neurological Injuries, Air Ambulance Costs, and Permanent Cognitive Impairment

Marchuk alleges that the delay in medical evacuation and spa operator negligence caused him to suffer permanent neurological and cognitive impairment, ongoing headaches, emotional distress, and diminished earning capacity. The lawsuit seeks compensatory damages for medical costs, pain and suffering, loss of enjoyment of life, and out-of-pocket expenses related to his air evacuation and post-cruise treatment.

The filing emphasizes that Marchuk’s injuries are “permanent and continuing in nature,” and that he would not have suffered such extensive harm had the cruise line acted promptly and responsibly.

Contact a Cruise Ship Medical Negligence Lawyer Today if You Were Injured Due to Delayed Care or Onboard Spa Hazards

Cruise passengers are entitled to competent emergency medical care and safe spa and wellness facilities while aboard. When a cruise line delays urgent treatment or fails to warn passengers of known risks, they may be held accountable under maritime law.

If you or someone you love suffered a medical emergency on a cruise ship and experienced a delayed evacuation, negligent medical care, or spa-related injury, our experienced maritime attorneys are here to help.

Contact us now to speak with a cruise ship medical negligence lawyer.

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.