Carnival Cruises passengers sue over claims ‘hundreds’ fell ill with ‘uncontrollable vomiting’ and ‘explosive diarrhoea’ on $1,609 Sun Princess voyage
About 200 former passengers were able to join a class action lawsuit against Carnival cruises after a norovirus outbreak caused widespread vomiting and diarrhea.
Julie McLean-Phillips represents the large group of passengers who traveled on the Sun Princess ship between December 2016 and February 2017 on one of eight P&O cruises.
She fell ill after she and her family embarked on a 13-night cruise from Fremantle in Western Australia on December 5, 2016.
About 200 former passengers were able to join a class action lawsuit against Carnival cruises after a norovirus outbreak on the Sun Princess (pictured) caused widespread vomiting and diarrhea
Ms McLean-Phillips said she was promised a “relaxing and enjoyable cruise” but instead spent most of her time in her cabin with her ailing sister.
Both women reported having “uncontrollable vomiting,” “explosive diarrhea,” and difficulty walking on their own.
Ms McLean-Phillips said she was not offered alternative accommodation when her sister fell ill just days after they left.
She claimed she was forced to stay in an unsanitary room contaminated by vomit and feces before also succumbing to the highly contagious virus.
At the end of the cruise, Ms. McLean-Phillips stated that 339 passengers and 13 crew members had contracted the disease.
As a result, she claims she was unable to enjoy the ship’s onboard facilities and activities, including the hot tub, art gallery, casino, and library.
Ms. McLean-Phillips is seeking a full refund of the $1,609 cost of the ill-fated cruise, plus additional damages for inconvenience, distress and disappointment.
She argues that the cruise line is liable for not informing passengers about the risks of the norovirus and the possible consequences of an outbreak.
The Federal Court was told about 200 former Sun Princess passengers could be eligible to participate in the class action lawsuit
The lead applicant alleged that passengers should have been notified after three people fell ill with norovirus a day after the start of the cruise and were offered the option to disembark.
She said she and the other affected passengers would not have bought tickets had they known the risks and impact of an outbreak.
However, Carnival argued that the risk of contracting the contagious disease while on a cruise “would be just an ordinary risk inherent in activities where people congregate, and there is no prospect of the court ruling that a required warning would cover detailed aspects of would include norovirus’.
On Friday, the Federal Court was told that about 200 former Sun Princess passengers could be eligible to participate in the class action lawsuit.
The court was told that this number represented 1 percent of passengers boarding the eight cruises at the time.
Carnival attorney Jesse Kennedy told the court it had taken eight months to know how many people were affected.
“That reflects how difficult it is to get information from more than six years ago,” he said.
The court was told that the group might have to be divided into sub-groups if all eligible passengers chose to join the proceedings.
The case will return to court next month, with Judge Ian Jackman set to hold a “fairly substantial hearing on case management” later this year.
Carnival is also embroiled in High Court proceedings related to an outbreak of Covid-19 on the cruise ship Ruby Princess, which infamously docked in Sydney in March 2020.