Coronavirus (COVID-19) … What did the Cruise Lines Know? A Maritime Lawyer’s Analysis
Part 1: Chronology / Timeline of Pandemic Aboard Cruise Ships
Of late, cruise ships have been referred to as “floating petri dishes” following numerous shipboard outbreaks of Coronavirus/ COVID-19. This article will examine: to what extent the cruise industry contributed to the spread of the COVID-19 pandemic, what the cruise industry knew and when, and if certain cruise lines can be held liable to cruise passengers and crewmembers for serious illness and in certain instances death from contracting COVID-19 while traveling on a cruise ship.
First Shocking Fact: During February–March 2020, COVID-19 outbreaks associated with three cruise ship voyages accounted for more than 800 laboratory-confirmed cases among passengers and crew according to the US Centers for disease Control and Prevention’s (“CDC’s”) March 23, 2020 article. Transmission occurred across multiple voyages from ship to ship by crew members, both crew and cruise passengers were affected and at least 10 deaths resulted involving crew and passengers who contracted COVID-19 while sailing or working aboard these cruise ships. A more recent article in Bloomberg News provides that after the outbreak on the Diamond Princess, “[a]t least seven more of [Carnival’s cruise ships or brand name lines] at sea have become virus hot spots, resulting in more than 1,500 positive infections and at least 39 fatalities.”
Below is a timeline of the more salient events leading up to these tragic events and present dire circumstances:
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Approx. Dates |
Chronology of Events |
|---|---|
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Dec. 2019 |
SARS-CoV-2, the virus that causes coronavirus disease (COVID-19) is first identified in Wuhan, China |
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Jan. 20, 2020 |
Diamond Princess (Jan. 20 – Feb. 3, 2020) The Diamond Princess cruise ship departs Yokohama, Japan, carrying approximately 3,700 passengers and crew. |
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Jan. 23, 2020 |
Chinese authorities take the unprecedented measure of isolating Wuhan, a city of over 11,000,000 people, in an effort to stop the spread of COVID-19. |
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Jan. 25, 2020 |
Diamond Princess Asymptomatic passenger departs the Diamond Princess in Hong Kong, where he is evaluated; testing confirms SARS-CoV-2 infection. |
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Jan. 30, 2020 |
CDC Confirms Person-to-Person Spread of New Coronavirus in the United States: The CDC in a Press Release “Confirm[s] that the 2019 Novel Coronavirus (2019-nCoV) has spread between two people in the United States, representing the first instance of person-to-person spread with this new virus here [in the United States].” |
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Jan. 30, 2020 |
The World Health Organization declares the coronavirus outbreak “a global public health emergency.” See, NBC News Article: New coronavirus outbreak: “WHO declares it a global public health emergency.” |
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Jan. 30, 2020 |
The U.S. Department of State issues a Level 4 (highest level) travel advisory as it related to U.S. citizens planning to travel to China. |
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Feb. 3, 2020 |
Diamond Princess The Diamond Princess returns to Japan, after making six stops in three countries. Japanese authorities are notified of the COVID-19 diagnosis in the passenger who disembarked in Hong Kong, and the ship is quarantined. Information about social distancing and monitoring of symptoms is reportedly communicated to passengers. |
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Feb. 5, 2020 |
Diamond Princess Passengers are quarantined in their cabins, but crew continues to work and, therefore, are not isolated in their cabins. |
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After Feb. 5, 2020 |
Diamond Princess Travelers with fever or respiratory symptoms and their close contacts are tested for SARS-CoV-2 by reverse transcription-polymerase chain reaction (RT-PCR). All those with positive test results are disembarked and hospitalized. Testing is later expanded to support phased disembarkation of passengers, prioritizing testing of older persons, those with underlying medical conditions, and those in internal cabins with no access to the outdoors. |
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Feb. 11, 2020 |
(Feb. 11-21, 2020) The Grand Princess cruise ship departs San Francisco, California, on a roundtrip voyage including four intended stops in Mexico. |
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Feb. 16, 2020 |
Diamond Princess (Feb. 16-23, 2020) Repatriation of nearly 1,000 persons begins by air to their home countries, including 329 persons who return to the United States and are reported to enter quarantine or isolation. These repatriation efforts end Feb. 23, 2020. |
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Last Updated Feb. 18, 2020 |
The CDC issues: Centers for Disease Control and Prevention, Interim Guidance for Ships on Managing Suspected Coronavirus Disease 2019. |
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Feb. 18, 2020 |
Diamond Princess CDC Publishes a Media Statement, entitled: Update on the Diamond PrincessCruise Ship in Japan, which in pertinent part, provides:
|
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Feb. 21, 2020 |
Grand Princess – Voyage A The Grand Princesscompletes Voyage A and returns to San Francisco, California. |
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Feb. 21, 2020 |
Grand Princess– Voyage A Crew to Three Other Cruise Ships Princess Cruise Lines transfers five (5) crewmembers from the Grand Princess – Voyage A to three other cruise ships with a combined 13,317 passengers on board. No-sail orders are issued by the CDC for these ships until medical logs are reviewed and the crew members test negative for SARS-CoV-2. |
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Feb. 21, 2020 |
Grand Princess – Voyage B Most of the 1,111 crew and 68 passengers from Voyage A remain on board for a second voyage and depart San Francisco, with a planned return on March 7 (Voyage B). |
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Feb. 21, 2020 |
The CDC recommends avoiding travel on cruise ships in Southeast Asia. |
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Feb. 24, 2020 |
Diamond Princess (Feb. 24 – Mar. 9, 2020) The remaining passengers with negative SARS-CoV-2 RT-PCR test results, no respiratory symptoms, and no close contact with a person with a confirmed case of COVID-19 begin a 14-day ship-based quarantine before being allowed to disembark. Those passengers with close contact with a person with a confirmed case complete land-based quarantine, with duration determined by date of last contact. |
|
Mar. 4, 2020 |
Grand Princess – Voyage A & B A clinician in California reports two passengers from former Voyage A are demonstrating COVID-19 symptoms, one of whom tests positive for SARS-CoV-2. The CDC notifies the Princess Cruise Line, which begins canceling group activities on Voyage B. More than 20 additional cases of COVID-19 among persons who did not travel on Voyage B are identified from Grand Princess Voyage A. The majority are in California. One death is reported. |
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Mar. 5, 2020 |
Costa Luminosa The Costa Luminosa arrives in Ft. Lauderdale and boards passengers knowing that on the previous voyage a 68-year-old Italian passenger had been evacuated (02/29/20) due to symptoms of Coronavirus and knowing that passengers were boarding the vessel having traveled from northern Italy, where at the time COVID-19 was reaching epidemic levels with portions of the country in “lock down.” The Vessel’s itinerary and available ports for early disembarkation were:
|
|
Mar. 5, 2020 |
Grand Princess– Voyage B A response team is transported by helicopter to the Grand Princess to collect specimens from 45 passengers and crew with respiratory symptoms for SARS-CoV-2 testing; 21 (46.7%), including two passengers and 19 crew, ultimately test positive. |
|
Mar. 6, 2020 |
Grand Princess– Voyage B Cases of COVID-19 are identified in persons (passengers and crew) on the Grand Princess cruise ship off the coast of California. Passengers and symptomatic crew members are asked to self-quarantine in their cabins, and room service replaces public dining until disembarkation. |
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Mar. 7, 2020 |
Carnival (Holland America’s) Zaandam (Mar. 7 – April 3, 2020) The Zaandam departs Buenos Aires, with the following itinerary and possible early disembarkation ports):
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Mar. 8, 2020 |
The CDC’s recommendation is broadened to include deferring all cruise ship travel worldwide for those with underlying health conditions and for persons aged ≥ 70 years. |
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Mar. 8, 2020 “Last Updated” |
The U.S. Department of State – Bureau of Consular Affairs issues a travel advisory, providing: “Passengers on Cruise Ships … U.S. citizens, particularly travelers with underlying health conditions, should not travel by cruise ship. CDC notes an increased risk of infection of COVID-19 in a cruise ship environment. In order to curb the spread of COVID-19, many countries have implemented strict screening procedures that have denied port entry rights to ships and prevented passengers from disembarking. In some cases, local authorities have permitted disembarkation but subjected passengers to local quarantine procedures. While the U.S. government has evacuated some cruise ship passengers in recent weeks, repatriation flights should not be relied upon as an option for U.S. citizens under the potential risk of quarantine by local authorities. This is a fluid situation. CDC notes that older adults and travelers with underlying health issues should avoid situations that put them at increased risk for more severe disease. This entails avoiding crowded places, avoiding non-essential travel such as long plane trips, and especially avoiding embarking on cruise ships. Passengers with plans to travel by cruise ship should contact their cruise line companies directly for further information and continue to monitor the Travel.state.gov website …”. |
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March 7, 2020 |
Royal Caribbean “Unknown Ship” The Miami Herald reports, “During a March 7 cruise, Royal Caribbean notified the U.S. Centers for Disease Control and Prevention that someone on the ship had COVID-19 symptoms. The ship offloaded all of its passengers at Port Miami on March 15, after canceling new cruises due to the pandemic, and kept the crew on board. The company waited until March 27 to isolate crew members in individual cabins.” |
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Mar. 8, 2020 |
Carnival (Princess) Ruby Princess (Mar. 8 – 19, 2020) The Ruby Princess arrives in Sydney, having sailed from Port Chalmers, NZ on a previous cruise. The vessel arrives with 158 sick passengers, with 13 registering high temperatures. All 2,700 passengers are allowed to disembark at Sydney’s Circular Quay. As of March 23rd, 133 people have been diagnosed with COVID-19, and one person, a woman in her 70s, has died. Hours later 2,700 new passengers boarded the vessel. The vessel’s itinerary and possible ports of early disembarkation seem to have been:
|
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Mar. 9, 2020 |
Grand Princess – Voyage B The Grand Princesscompletes Voyage B and returns to Oakland, California; the ship is subsequently quarantined. |
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Mar. 9, 2020 |
Grand Princess – Voyage B (Mar. 8 – 22, 2020) Passengers and crew are transferred to land-based sites for a 14-day quarantine period or isolation. Persons requiring medical attention for other conditions or for symptoms consistent with COVID-19 are evaluated, tested for SARS-CoV-2 infection, and hospitalized if indicated. During land-based quarantine in the United States, all persons are offered SARS-CoV-2 testing. As of March 21, of 469 persons with available test results, 78 (16.6%) test positive for SARS-CoV-2. |
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After Mar. 9, 2020 |
Diamond Princess Overall, 111 (25.9%) of 428 U.S. citizens and legal residents did not join repatriation flights either because they had been hospitalized in Japan or for other reasons. Among 3,711 Diamond Princess passengers and crew, 712 (19.2%) had positive test results for SARS-CoV-2. Of these, 331 (46.5%) were asymptomatic at the time of testing. Among 381 symptomatic patients, 37 (9.7%) required intensive care, and nine (1.3%) died. Infections also occurred among three Japanese responders, including one nurse, one quarantine officer, and one administrative officer. As of March 13, among 428 U.S. passengers and crew, 107 (25.0%) had positive test results for COVID-19; 11 U.S. passengers remain hospitalized (as of March 23, 2020) in Japan (median age=75 years), including seven in serious condition (median age=76 years). |
|
Mar. 10, 2020 |
Diamond Princess (Mar. 10 – 24, 2020) After disembarkation of all passengers, crew members either begin a 14-day ship-based quarantine, are repatriated to and manage their condition in their home country, or complete a 14-day land-based quarantine in Japan ending about Mar. 24, 2020. |
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Mar. 11, 2020 |
WHO Declares COVID-19 a Pandemic |
|
Note: |
Diamond Princess & Grand Princess Per a Bloomberg article dated April 17th entitled, Carnival Executives Knew They Had a Virus Problem, But Kept the Party Going, “Between the diamond Princess and Grand Princess, 850 people tested positive for Covid-19 and 14 have died.” |
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Mar. 13, 2020 |
The Cruise Lines International Association (“CLIA”) announces a 30-day voluntary suspension of cruise operations in the United States. |
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Mar. 15, 2018 |
MSC Meraviglia The Business Insider and Miami Herald report 3,800 passengers are allowed to disembark the MSC Meraviglia in Miami without any type of screening for illness or potential coronavirus infections. A previous passenger on the same ship, the MSC Meraviglia, disembarked on March 8 and subsequently tested positive for COVID-19. |
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Mar. 17, 2020 |
The CDC issued a Level 3 Travel Health Notice/ Warning and:
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|
Mar. 17, 2020 |
Cases of COVID-19 are associated with at least 25 additional cruise ship voyages. |
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After Mar. 22, 2020 |
Grand Princess – Voyage B (Mar. 8 – 22, 2020) Repatriation flights for foreign nationals are organized by several governments in coordination with U.S. federal and California state government agencies. The Grand Princess is reportedly disinfected according to guidance from CDC’s Vessel Sanitation Program. Remaining foreign nationals are required to complete quarantine on board. The quarantine is being managed by the cruise company, with technical assistance provided by public health experts. |
|
April 2, 2020 |
Celebrity Infinity & Royal Caribbean Oasis of the Seas The Miami Herald reports one crew member died on the Royal Caribbean-owned Celebrity Infinity cruise ship and that two additional crew members were evacuated “for medical reasons” of the Oasis of the Seas, also owned by Miami-based Royal Caribbean Cruise Line. |
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April 3, 2020 |
Carnival (Holland America’s) Zaandam After 27 days aboard the ill-fated ship, passengers are finally allowed to disembark in Ft. Lauderdale; 14 critically ill people are wheeled off to local Florida hospitals |
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April 4, 2020 |
Carnival-Coral Princess The process begins to disembark passengers from the sick ship in Miami, Florida. Per The Guardian, 1,000 passengers have been isolating onboard the vessel, including 12 confirmed cases of COVID-19. USATODAY.com reports, “Three passengers from the cruise died, including a 71-year-old man who died in a Miami hospital after waiting four hours to be transferred off the ship.” |
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April 12, 2020 |
Royal Caribbean Symphony of the Seas The Miami Herald reports Indonesian crew member Pujiyoko, only 27 years old at the time, “became the youngest person in South Florida to die from COVID-19, one of at least three crew members who have died in South Florida after being evacuated from coronavirus-infected cruise ships weeks after the industry shut down in mid-March.” |
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April 14, 2020 |
CDC issues an additional no-sail order continuing the suspension of cruise operations for another 100 days until July 25, 2020. |
The Diamond Princess and Grand Princess had more than 800 total COVID-19 cases, including 10 deaths. During February 3–March 13, in the United States, approximately 200 cases of COVID-19 were confirmed among returning cruise travelers from multiple ship voyages, including the Diamond Princess and Grand Princess, accounting for approximately 17% of total reported U.S. cases at the time. Cases linked with cruise travel have been reported to the CDC in at least 15 states. Since February, multiple international and domestic cruises have been implicated in reports of COVID-19 cases, including at least 60 cases in the United States from Nile River cruises in Egypt (Figure 1, below). These additional cruise ship outbreaks include: The Costa Favalosa, Celebrity Eclipse, Disney Wonder, HAL’s Zaandam and Princess’s Coral Princess. Secondary community-acquired cases linked to returned passengers on cruises have also been reported (CDC, unpublished data, 2020).
FIGURE 1.Cruise ships with coronavirus disease 2019 (COVID-19) cases requiring public health responses — worldwide, January–March 2020
The Brais Law Firm is dedicated to helping cruise ship passengers and crew members who as a consequence of negligence or criminal act suffer serious personal injury or death. At the Brais Law Firm, our cruise ship personal injury/wrongful death attorneys have decades of experience, proven results, and strong professional credentials to protect your rights and obtain the compensation you deserve. Keith Brais, the founding partner of the firm, is “AV” Preeminent Rating with Martindale Hubbell and a Board Certification Maritime Law with the Florida Bar. Call us at 800-499-0551or click Contact Us to complete a confidential free online consultation form.
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Coronavirus (COVID-19) … What did the Cruise Lines Know? When? And, Can Cruise Lines Be Held Accountable? A Maritime Lawyer’s Analysis.
April 20, 2020 by Keith Brais
