Trial Magazine

Richard Puchalski, 70, was taking a seven-day Alaskan cruise on a Royal Caribbean cruise ship. When he experienced signs of heart failure shortly before arriving in port, he went to the ship’s clinic. There, a general practitioner administered a beta blocker, a diuretic, and an ACE inhibitor and allowed Puchalski to return to his cabin one hour after receiving the medications. Shortly after, Puchalski collapsed from cardiac arrest. The ship’s doctors were able to resuscitate Puchalski, who was transferred to a hospital near the local port. Four hours later, he was airlifted to another facility, where he later died. Puchalski, a retiree, is survived by his wife and two adult children.

Puchalski’s estate sued Royal Caribbean Cruises, Ltd., alleging that the ship’s physician failed to timely transfer Puchalski to a local hospital. Suit also charged that the physician had negligently prescribed the beta blocker, which slowed down Puchalski’s heart, and the ACE inhibitor and diuretic, which are contraindicated within 24 hours of each other. The plaintiff claimed more than $34,300 in medical expenses.

The defense argued that Puchalski’s death resulted from an underlying, preexisting condition.

The jury awarded more than $4.8 million, finding Puchalski 30% at fault.

Citation: Goodloe v. Royal Caribbean Cruises, Ltd., No. 1:18-cv-21125 (S.D. Fla. Mar. 7, 2019).

Plaintiff counsel: AAJ member Michael A. Haggard and Todd J. Michaels, both of Coral Gables, Fla.; and Philip D. Parrish, Miami.

Plaintiff expert: Kim Klancke, cardiology, Daytona Beach, Fla.

Defense experts: W. Anthony Gerard, emergency medicine, Palmyra, Pa.; and Eric Larson, emergency medicine, Loris, S.C.