Carnival Corp-owned cruise ship operator Carnival Australia has lost a class-action lawsuit brought against it in 2020 by hundreds of passengers who got Covid-19 while on a Princess Cruises voyage from Australia to New Zealand.
More than 2,600 passengers were on board the 3,100-berth Ruby Princess (built 2008) for a 13-day cruise in March 2020, when 663 of them tested positive for the virus. The outbreak also led to the deaths of 28 passengers on the ship.
Lead plaintiff Susan Karpik brought the suit against Carnival Australia, the vessel’s charterer, and Princess Cruise Lines, the Carnival Corp-controlled owner of the ship. She launched litigation after her husband, Henry Karpik, contracted Covid-19 during the voyage.
“I have found that he was most likely infected on board, probably during the crowded safety muster shortly after boarding,” Federal Court of Australia Judge Angus Stewart said in court documents.
Henry was induced into a coma and spent almost two months in the hospital as a result of the virus.
Susan Karpik also contracted Covid-19 with much milder symptoms that kept her away from her husband during his recovery, Stewart said. As a result, she suffered a recognised psychiatric illness known as adjustment disorder with mixed anxiety and depressed mood.
“I have found that before the embarkation of passengers on the Ruby Princess for the cruise in question, the respondents knew or should have known about the heightened risk of coronavirus infection on the vessel,” Stewart said.
“The respondents were also negligent in certain respects with regard to the precautions taken for passenger safety.”
Susan Karpik sought AUD 360,000 ($230,000) in damages for personal injury, distress and disappointment.
The judge awarded her AUD 4,400 plus interest for out-of-pocket medical expenses, reasoning that refunds given to all passengers offset damages for distress and disappointment.
Her lawyer, Vicky Antzoulatos, said other passengers who suffered worse consequences from contracting the virus, including Henry Karpik, could get larger payouts, the Associated Press reported.
Each passenger will have to prove their claims unless Carnival agrees to settle, Antzoulatos said.
A Carnival Australia spokesperson said the company had seen the judgment and is considering it in detail.
“The pandemic was a difficult time in Australia’s history, and we understand how heartbreaking it was for those affected,” the spokesperson said.
