Ruby Princess cruise scandal: Court announces Carnival Australia should have cancelled the trip

In a shocking twist to Australia's infamous Ruby Princess cruise scandal, a Federal Court has ruled that operator Carnival Australia acted negligently and should have cancelled the ill-fated voyage, which led to over 700 COVID-19 infections and 28 deaths.

The Ruby Princess set sail from Sydney on March 8, 2020, at the very start of the coronavirus pandemic.



The lead plaintiff in the class action lawsuit against Carnival Australia was Susan Karpik, a retired nurse whose husband Henry contracted coronavirus during the cruise.

After developing symptoms, Henry's condition rapidly deteriorated. He required intubation and ventilation, fell into a coma, and clung to life support for weeks. Henry spent nearly two months in the hospital fighting for his life while Susan helplessly stood by his side, watching the horrific ordeal unfold.


compressed-Screenshot 2023-10-26 at 12.18.19 PM (1).jpeg
Ruby Princess set sail for a 13-day New Zealand voyage but had to return 11 days later due to Australia's early pandemic border closure in March 2020. Credit: 7NEWS.



Presiding judge Angus Stewart found that the couple likely caught the virus during a crowded muster drill shortly after boarding, along with hundreds of other passengers obliviously headed straight into the path of the oncoming pandemic.

He stated, 'There are a number of considerations that have led me to conclude that cancellation of the cruise would not have been so burdensome that a reasonable person in the respondents' position would not have cancelled the cruise.'



Out of the 1,679 Australians on board the cruise, 663 were reported to have contracted the virus. Among those affected were the Jackson couple.

Fred Jackson claimed that he and his wife, Julie, got infected with the virus during their trip on the Ruby Princess and had to be hospitalised.

Sadly, Mrs Jackson passed away last year from an unrelated illness. However, Fred believes that COVID-19 played a role in her early death, according to information provided by doctors.

The 81-year-old widower stated, 'That cruise should not have gone ahead. In my mind, it was greed. It was all money… money, money, money…'



In response to the verdict, Susan Karpik expressed a mix of emotions. She mentioned that she was pleased with the outcome but acknowledged that it can only be considered a 'partial' victory.

She pointed out that 28 lives were tragically lost during the cruise, and the pain and suffering experienced by many individuals and families can never be fully alleviated.

Mrs Karpik had sought compensation exceeding $360,000 for the personal injuries and emotional distress she endured due to the COVID-19 outbreak during the cruise.

However, the final judgment only awarded her $4,423.48, plus interest, to cover her out-of-pocket medical expenses.



Her legal team said the case is a warning to the cruise industry to put passenger safety ahead of profits. Shine Lawyers ran the class action against Carnival Australia, arguing it breached consumer law by negligently exposing passengers to the virus.

'Carnival should now do the right thing and compensate all the passengers rather than prolong the matter through further litigation,' they said.

The Ruby Princess class action is said to be the first in the world to successfully take on a cruise company over a COVID-19 outbreak.

Key Takeaways

  • A court has ruled that Carnival Australia should have cancelled the Ruby Princess cruise, which led to a major COVID-19 outbreak and 28 deaths.
  • The judgement declared Carnival Australia negligent for permitting the ship to sail on 8th March 2020.
  • Susan Karpik, who initiated the class action, sought damages worth over $360,000 for personal injuries and distress but will only receive $4423.48 plus interest for her out-of-pocket medical expenses.
  • According to Shine Lawyers, this is the first class-action trial in the world to successfully challenge a cruise company over a COVID-19 outbreak.

What are your thoughts on this story? Were you aware of the Ruby Princess cruise ship scandal during the early stages of the pandemic? Let us know in the comments below.
 
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It’s such a hard one to know who was right and who was wrong. If Carnival cancelled that cruise there would have been a lot of very upset cruisers. COVID 19 was just starting here in Australia and a lot of people were very dismissive about what the impact was going to be. A lot of people thought it was like a bad flu. If we could have known then what we know now things would have been a lot different.
 
$4400 reimbursement (hope it was worth it), what percentage of that did the ambulance chaser legal representatives take? The usual 40% if its a no win no pay client? Or maybe that was the freebie that then results in every other passenger engaging their representation.
 
A terrible cruise company. Went on a cruise with them quite a few years ago and they had an outbreak of Noro virus which went through the ship at a very fast rate. My husband and I couldn’t avoid it. Found out later that it is not uncommon for them. Also they only have a four hour turn around for cruises. How could they possibly clean and sanitise a ship from top to bottom in that short time? Also found out that they have an outbreak on every cruise. Never again. 😡
 
In a shocking twist to Australia's infamous Ruby Princess cruise scandal, a Federal Court has ruled that operator Carnival Australia acted negligently and should have cancelled the ill-fated voyage, which led to over 700 COVID-19 infections and 28 deaths.

The Ruby Princess set sail from Sydney on March 8, 2020, at the very start of the coronavirus pandemic.



The lead plaintiff in the class action lawsuit against Carnival Australia was Susan Karpik, a retired nurse whose husband Henry contracted coronavirus during the cruise.

After developing symptoms, Henry's condition rapidly deteriorated. He required intubation and ventilation, fell into a coma, and clung to life support for weeks. Henry spent nearly two months in the hospital fighting for his life while Susan helplessly stood by his side, watching the horrific ordeal unfold.


View attachment 33106
Ruby Princess set sail for a 13-day New Zealand voyage but had to return 11 days later due to Australia's early pandemic border closure in March 2020. Credit: 7NEWS.



Presiding judge Angus Stewart found that the couple likely caught the virus during a crowded muster drill shortly after boarding, along with hundreds of other passengers obliviously headed straight into the path of the oncoming pandemic.

He stated, 'There are a number of considerations that have led me to conclude that cancellation of the cruise would not have been so burdensome that a reasonable person in the respondents' position would not have cancelled the cruise.'



Out of the 1,679 Australians on board the cruise, 663 were reported to have contracted the virus. Among those affected were the Jackson couple.

Fred Jackson claimed that he and his wife, Julie, got infected with the virus during their trip on the Ruby Princess and had to be hospitalised.

Sadly, Mrs Jackson passed away last year from an unrelated illness. However, Fred believes that COVID-19 played a role in her early death, according to information provided by doctors.

The 81-year-old widower stated, 'That cruise should not have gone ahead. In my mind, it was greed. It was all money… money, money, money…'



In response to the verdict, Susan Karpik expressed a mix of emotions. She mentioned that she was pleased with the outcome but acknowledged that it can only be considered a 'partial' victory.

She pointed out that 28 lives were tragically lost during the cruise, and the pain and suffering experienced by many individuals and families can never be fully alleviated.

Mrs Karpik had sought compensation exceeding $360,000 for the personal injuries and emotional distress she endured due to the COVID-19 outbreak during the cruise.

However, the final judgment only awarded her $4,423.48, plus interest, to cover her out-of-pocket medical expenses.



Her legal team said the case is a warning to the cruise industry to put passenger safety ahead of profits. Shine Lawyers ran the class action against Carnival Australia, arguing it breached consumer law by negligently exposing passengers to the virus.

'Carnival should now do the right thing and compensate all the passengers rather than prolong the matter through further litigation,' they said.

The Ruby Princess class action is said to be the first in the world to successfully take on a cruise company over a COVID-19 outbreak.

Key Takeaways

  • A court has ruled that Carnival Australia should have cancelled the Ruby Princess cruise, which led to a major COVID-19 outbreak and 28 deaths.
  • The judgement declared Carnival Australia negligent for permitting the ship to sail on 8th March 2020.
  • Susan Karpik, who initiated the class action, sought damages worth over $360,000 for personal injuries and distress but will only receive $4423.48 plus interest for her out-of-pocket medical expenses.
  • According to Shine Lawyers, this is the first class-action trial in the world to successfully challenge a cruise company over a COVID-19 outbreak.

What are your thoughts on this story? Were you aware of the Ruby Princess cruise ship scandal during the early stages of the pandemic? Let us know in the comments below.
Maybe the cruise should not have gone ahead but where is the government and port authority responsibility come in they also could have stopped the sailing, and what about the people who chose to still go with the virus raging. They would have lost their money but still had their lives so everyone involved is culpable not just the cruise line I believe
 
One of my daughters has been really sick for over aweek . She said it's the worst flu she has ever had, a fever for 4 days, severe body ache, headache worst than she has had and she suffered migraines lasting more than 4 days. Sneezing, nose dripping like a tap.
I told her that's how I was with the first covid I had.

Then my daughter who was in Bali caught a flu which sounded exactly the same. Lucky she caught it on her last day in Bali, last Sunday. Today is the first day she is better.

Now it came out that Covid is in Bali a variant from India , my daughter tested on monday when she got home and jt showed positive to Covid, and now her hubby has it so I'm guessing it could already be here and that's what my first daughter had.

Just saying becareful especially to those who have other underlying medical conditions
 
In a shocking twist to Australia's infamous Ruby Princess cruise scandal, a Federal Court has ruled that operator Carnival Australia acted negligently and should have cancelled the ill-fated voyage, which led to over 700 COVID-19 infections and 28 deaths.

The Ruby Princess set sail from Sydney on March 8, 2020, at the very start of the coronavirus pandemic.



The lead plaintiff in the class action lawsuit against Carnival Australia was Susan Karpik, a retired nurse whose husband Henry contracted coronavirus during the cruise.

After developing symptoms, Henry's condition rapidly deteriorated. He required intubation and ventilation, fell into a coma, and clung to life support for weeks. Henry spent nearly two months in the hospital fighting for his life while Susan helplessly stood by his side, watching the horrific ordeal unfold.


View attachment 33106
Ruby Princess set sail for a 13-day New Zealand voyage but had to return 11 days later due to Australia's early pandemic border closure in March 2020. Credit: 7NEWS.



Presiding judge Angus Stewart found that the couple likely caught the virus during a crowded muster drill shortly after boarding, along with hundreds of other passengers obliviously headed straight into the path of the oncoming pandemic.

He stated, 'There are a number of considerations that have led me to conclude that cancellation of the cruise would not have been so burdensome that a reasonable person in the respondents' position would not have cancelled the cruise.'



Out of the 1,679 Australians on board the cruise, 663 were reported to have contracted the virus. Among those affected were the Jackson couple.

Fred Jackson claimed that he and his wife, Julie, got infected with the virus during their trip on the Ruby Princess and had to be hospitalised.

Sadly, Mrs Jackson passed away last year from an unrelated illness. However, Fred believes that COVID-19 played a role in her early death, according to information provided by doctors.

The 81-year-old widower stated, 'That cruise should not have gone ahead. In my mind, it was greed. It was all money… money, money, money…'



In response to the verdict, Susan Karpik expressed a mix of emotions. She mentioned that she was pleased with the outcome but acknowledged that it can only be considered a 'partial' victory.

She pointed out that 28 lives were tragically lost during the cruise, and the pain and suffering experienced by many individuals and families can never be fully alleviated.

Mrs Karpik had sought compensation exceeding $360,000 for the personal injuries and emotional distress she endured due to the COVID-19 outbreak during the cruise.

However, the final judgment only awarded her $4,423.48, plus interest, to cover her out-of-pocket medical expenses.



Her legal team said the case is a warning to the cruise industry to put passenger safety ahead of profits. Shine Lawyers ran the class action against Carnival Australia, arguing it breached consumer law by negligently exposing passengers to the virus.

'Carnival should now do the right thing and compensate all the passengers rather than prolong the matter through further litigation,' they said.

The Ruby Princess class action is said to be the first in the world to successfully take on a cruise company over a COVID-19 outbreak.

Key Takeaways

  • A court has ruled that Carnival Australia should have cancelled the Ruby Princess cruise, which led to a major COVID-19 outbreak and 28 deaths.
  • The judgement declared Carnival Australia negligent for permitting the ship to sail on 8th March 2020.
  • Susan Karpik, who initiated the class action, sought damages worth over $360,000 for personal injuries and distress but will only receive $4423.48 plus interest for her out-of-pocket medical expenses.
  • According to Shine Lawyers, this is the first class-action trial in the world to successfully challenge a cruise company over a COVID-19 outbreak.

What are your thoughts on this story? Were you aware of the Ruby Princess cruise ship scandal during the early stages of the pandemic? Let us know in the comments below.
This does not account for the other victims of that misbegotten cruise. Gladys however-you-spell-her-surname former Premier of NSW and the then Morrison Government failed with great deliberation to ensure quarantine of passengers when the ship docked in Sydney but allowed Covid-carriers to scatter across Australia from north to south and east to west thus ensuring failure of the States' efforts to prevent spread of the illness. It even got into Tasmania but fortunately managed to be isolated in time rendering Tasmania the only Covid-free State in Australia at the time. That status was maintained until the Ashes cricket match in Hobart when the then Premier of Tasmania and keen cricket fan, so I hear, declared the pandemic "over" and opened the doors to 8000 tourists from the mainland next day, just for some idiot cricket match. Since then the Covid-19 infection rate in Tasmania has run at between 200-300 per week and everyone has forgotten that between 10% and 30% of those infected end up living with the debilitating Long-covid syndrome that can destroy the ability to work or live as before.

So what support do our State and Federal governments give to such sufferers? None that I can see and certainly have given no publicity to the issue. I suppose that such people have to rely on Centrelink, God help them, as no-one else cares.

With about 12 million Australia having been infected by Covid-19, that is between 1.2 and 4 million potential suffers from Long-Covid for which there is no cure yet known other than hope for a better day tomorrow.

Are our assorted governments even funding biomedical research into Covid-19 and Long-covid?

PS We had had plenty of advance warning from the situation aboard that cruise liner that ended up in Japan, quarantined, with people aboard dying from Covd-19 well before the the Ruby Princess was allowed to dock in Sydney. Also plenty of warning from PR China as to what Covid-19 could do.
 
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This does not account for the other victims of that misbegotten cruise. Gladys however-you-spell-her-surname former Premier of NSW and the then Morrison Government failed with great deliberation to ensure quarantine of passengers when the ship docked in Sydney but allowed Covid-carriers to scatter across Australia from north to south and east to west thus ensuring failure of the States' efforts to prevent spread of the illness. It even got into Tasmania but fortunately managed to be isolated in time rendering Tasmania the only Covid-free State in Australia at the time. That status was maintained until the Ashes cricket match in Hobart when the then Premier of Tasmania and keen cricket fan, so I hear, declared the pandemic "over" and opened the doors to 8000 tourists from the mainland next day, just for some idiot cricket match. Since then the Covid-19 infection rate in Tasmania has run at between 200-300 per week and everyone has forgotten that between 10% and 30% of those infected end up living with the debilitating Long-covid syndrome that can destroy the ability to work or live as before.

So what support do our State and Federal governments give to such sufferers? None that I can see and certainly have given no publicity to the issue. I suppose that such people have to rely on Centrelink, God help them, as no-one else cares.

With about 12 million Australia having been infected by Covid-19, that is between 1.2 and 4 million potential suffers from Long-Covid for which there is no cure yet known other than hope for a better day tomorrow.

Are our assorted governments even funding biomedical research into Covid-19 and Long-covid?

PS We had had plenty of advance warning from the situation aboard that cruise liner that ended up in Japan, quarantined, with people aboard dying from Covd-19 well before the the Ruby Princess was allowed to dock in Sydney. Also plenty of warning from PR China as to what Covid-19 could do.
In my mind anyone wanting to disembark the ruby princess should have tested negative. The ship could have been the hospital for those sick. Sneaking them off in the dark of night to travel in all directions was lunacy!!
 
I feel sympathy for those who caught the virus on the ship but having cruised many times I feel that people are just as much to blame. As the virus was on another ship in Japan the people were still willing to join the Ruby here in Australia. When joining a ship we are asked if we have any colds etc and everyone seems to say NO . simply because they do not want to miss the voyage they had planned for many months. So that when they get on board you hear the people coughing etc and so the germs get around. These people are heard coughing even before boarding while waiting to board. There needs to be a stricter way of checking the health of people.
 
It’s such a hard one to know who was right and who was wrong. If Carnival cancelled that cruise there would have been a lot of very upset cruisers. COVID 19 was just starting here in Australia and a lot of people were very dismissive about what the impact was going to be. A lot of people thought it was like a bad flu. If we could have known then what we know now things would have been a lot different.
I recall the then Chief Medical Officer of Health telling us on TV just about every night that Covid-19 was just like a bad case of the 'flu and only the elderly and immuno-compromised would die from it. That was somewhat contrary to what was known to be happening, and publicly available, in PR China and Italy at the time. No doubt he was reflecting the Morrison government's typical opinion of who gives a tinker's cuss, I'm alright Jack as exemplified by the Gladys B government in NSW and by the LNP Premier who replaced her.

Oddly enough a lot of people, young and old, have died from a mere case of the "bad 'flu". Viruses to which we have no natural immunity are commonly deadly, generally until they attenuate as did the "Spanish" 'flu which killed between 20 million and 50 million people in a very few years before it attenuated.
 
Before COVID I went on a cruise with a friend. We were delayed 8 hours because the ship had a gastro outbreak on the previous cruise. So they were quarantined. We found out all of this a few days later on the High seas. missed out on one of our ports no compensation, even a $50 on board credit to use for each passenger would of been great. I have never been on a cruise since super spreaders!
 
I feel the compensation awarded was sufficient. It is time judges stopped awarding mega dollar payouts to people whose lawyers are pushing for huge payouts to help feather their own nests. People need to start accepting some responsibility for themselves, in this instance they chose to still go on the cruise, no one was to know there would be a covid outbreak on board, except maybe some unscrupulous people who knew or suspected they had covid and didn’t give a damn as long as they got to go on the cruise. The government of the day is certainly responsible for allowing the people to disembark and spread the virus around Australia, but they are not responsible for what happened on the cruise. Unfortunately no one had a crystal ball to tell them how bad the pandemic was going to be and how easily it would spread and impact peoples lives who caught it. The people who caught covid on the cruise could just as easily caught it in the community as many others did.
 
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I feel the compensation awarded was sufficient. It is time judges stopped awarding mega dollar payouts to people whose lawyers are pushing for huge payouts to help feather their own nests. People need to start accepting some responsibility for themselves, in this instance they chose to still go on the cruise, no one was to know there would be a covid outbreak on board, except maybe some unscrupulous people who knew or suspected they had covid and didn’t give a damn as long as they got to go on the cruise. The government of the day is certainly responsible for allowing the people to disembark and spread the virus around Australia, but they are not responsible for what happened on the cruise. Unfortunately no one had a crystal ball to tell them how bad the pandemic was going to be and how easily it would spread and impact peoples lives who caught it. The people who caught covid on the cruise could just as easily caught it in the community as many others did.
You have a good point there.
 

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