Florida Verdicts

Plaintiff(s):

Teresa Di Trapani (Female, 40 Years)

Plaintiff Attorney(s):

Sidney A. Goldberg;
Goldberg & Hirsh, P.A.;
Miami,
FL,
for
Teresa Di Trapani ■ Louis Vucci;
The Vucci Law Group PA;
Miami,
FL,
for
Teresa Di Trapani

Plaintiff Expert(s):

Gary Anderson; Ph.D.; Economics; Miami,
FL called by:
Sidney A. Goldberg, Louis Vucci ■ Stuart Krost; M.D.; Physical Rehabilitation; Boca Raton,
FL called by:
Sidney A. Goldberg, Louis Vucci ■ Michael Brodherson; M.D.; Urology; New York,
NY called by:
Sidney A. Goldberg, Louis Vucci ■ Constantino Pena; M.D.; Radiology; Miami,
FL called by:
Sidney A. Goldberg, Louis Vucci

Defendant(s):

Royal Caribbean Cruises LTD

Defense Attorney(s):

Jerry D. Hamilton;
Hamilton, Miller & Birthisel, L.L.P.;
Miami,
FL,
for
Royal Caribbean Cruises LTD

Defendant Expert(s):

Ira Morris;
Vocational Rehabilitation;
Coral Springs,
FL called by:
Jerry D. Hamilton ■ John Mekras;
Urology;
Miami,
FL called by:
Jerry D. Hamilton ■ Jose Baquero;
Radiology;
Miami,
FL called by:
Jerry D. Hamilton

Insurer(s):

self-insured for Royal Caribbean Cruises LTD

On Oct. 10, 2009, plaintiff Teresa Di Trapani, 40, a loyalty sales ambassador, aboard a cruise ship docked in Lisbon, Portugal, alleged she suffered severe abdominal and flank pain. Trapani was taken to a local hospital in Lisbon. Trapani was examined and discharged with pain medication. She was brought back aboard the cruise ship where she continued to experience severe abdominal pain. The ship set sail for Spain and Trapani stayed in bed for one day until she was taken off the ship for medical care in Spain. Trapani was hospitalized and diagnosed with spontaneous perirenal hematoma (hemmoraging in right kidney). Trapani was later sent home to Canada, where doctors discovered a tumor and removed part of the kidney in a nephrectomy procedure. Trapani later developed an umbilical hernia and right-flank incisional hernia after the nephrectomy and underwent additional surgery. Trapani sued Royal Caribbean Cruises Ltd under a Jones Act federal negligence action for workers injured at sea. Trapani alleged that in 2004 Royal Caribbean medical personnel failed to order any diagnostic testing when she was treated in Miami at the cruise line’s expense for hypertension and proteinuria, a potential early sign of kidney damage indicated by abnormal quantities of protein in urine. Trapani alleged her treating physicians recommended further testing and a referral to a nephrologist for follow-up care, but Trapani claimed the Royal Caribbean never informed her, and she went about five years without follow-up. Trapani’s counsel also alleged that she does not speak Portuguese and was not accompanied by a port agent when she presented to the emergency room of the hospital in Lisbon. Trapani claimed she brought her medical tests back to her physicians aboard the cruise ship Independence of the Seas. Trapani alleged the cruise ship’s physicians were unable to interpret the Portuguese medical records, gave her morphine to alleviate pain symptoms and told her to go to her cabin and rest. Trapani’s counsel alleged that as a result of Royal Caribbean’s negligence and failure to provide her with prompt, adequate and appropriate medical care, she suffered an angiomyolipoma tumor, which went undiagnosed and eventually ruptured. Trapani alleged that at no time did she know or have reason to know she was suffering from this physical condition until her injury. Defense counsel for Royal Caribbean denied any responsibility for Trapani’s injuries and argued that her injuries were the result of intervening and unforeseeable causes against which the cruise line had no duty to protect Trapani. The defense argued that Trapani did not exercise ordinary care, caution or prudence for her welfare and directly contributed to her own injuries.

Trapani underwent multiple, surgical procedures and claimed she gained 80 pounds in less than two years, as the medical procedures took a toll on her. Trapani claimed she had to pay $95 000 out of pocket for weight-loss surgery to shed the excess pounds and increase her chances of surgery to repair the strangulated hernias she developed. She claimed she has permanent lifting restrictions and was unable to return to work on a ship. Trapani claimed residual pain and limitations performing activities of daily living. Trapani’s treating urologist opined that earlier intervention in the form of an embolization would have prevented the nephrectomy. Trapani sought to recover damages for past and future medicals; past and future loss of earnings capacity; and past and future pain and suffering. Trapani also sought to recover damages for past maintenance and care. The defense’s expert urologist opined that Trapani’s care was appropriate. He opined that the standard is that you don’t intervene immediately, even with a hemorrhage.

The jury found Royal Caribbean Cruises 100 percent liable. The jury determined that Teresa Di Trapani’s damages totaled $1,991,149.

Teresa Di Trapani: $95,000 Personal Injury: Past Medical Cost; $388,000 Personal Injury: Past Lost Earnings Capability; $710,899 Personal Injury: Future Lost Earnings Capability; $300,000 Personal Injury: Past Pain And Suffering; $310,000 Personal Injury: Future Pain And Suffering; $92,250 Personal Injury: Past Maintenance; $95,000 Personal Injury: Past Cure

Judge:

Jerald Bagley

Trial Length:

5
 days

Trial Deliberations:

1
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.