Heart attack aboard Carnival cruise raises questions about ‘deaths on the high seas’ law

NORFOLK, Va. – Alonzo and Hazel Bristol were walking back to their room with a family friend after dinner on a May night aboard the Carnival Magic cruise ship when Alonzo, who had complained of dizziness, fainted in the hallway.

He was having a heart attack and died a short time later as the vessel made its way back to Norfolk from the Bahamas.

In the months since, his family has harbored anger at Carnival Cruise Line for what it perceives as a slow emergency response from the ship’s staff, and has grappled with the legal implications of a century-old U.S. law regulating “death on the high seas.”

Alonzo, an 88-year-old retired Air Force veteran who lived in Hampton, loved going on cruises, Hazel Bristol said. She wasn’t sure how many they’d been on, but said they were platinum members of Carnival’s Very Important Fun Person Club, which is the second-highest category of membership out of five.

Hazel, 79, said that when her husband fainted on May 19, staff on the scene seemed unprepared. Some custodial workers recognized the medical situation unfolding in the hallway before higher-level crew members, including a guest relations manager, arrived. While Alonzo was on the floor face-down, Hazel said, none of the staffers could get their communication devices to work correctly as they tried to call for medical personnel.

Hazel alleges that in the meantime, no one performed lifesaving measures on Alonzo – and that ultimately it was another guest who reached the ship’s medical personnel using the phone in their room.

“It seemed like it took them forever to get there, nobody seemed to be in no hurry,” Hazel said, claiming that the extent of help Alonzo received from staff was one of them calling his name trying wake him up, to no avail. “I’m sure they followed ‘procedure’ but they were slow about doing it.”

The ship was about 12 hours away from Norfolk, according to the Bristols.

Carnival cruises returned to Norfolk in May 2022 for the first time since 2019 after pandemic put the industry on hold. The company inked a deal in December to offer its first-ever year-round sailings from Norfolk in 2025.

A spokesperson for Carnival Cruise Line declined to comment on the specifics of the incident, but said their shipboard staff followed the company’s emergency procedures, including performing CPR and using as AED (automated external defibrillator) on him.

“Our CareTeam assisted Mr. Bristol’s family through the unfortunate loss they experienced,” a spokesperson said in an email. “Our condolences have been shared directly with the family and our thoughts remain with them in this difficult time.”

Carnival Cruise Line’s website says all its officers and crew complete “comprehensive regular safety and emergency training that meets or exceeds all regulatory requirements” and “undergo specific training to handle emergency situations and help our guests.” The company’s Passenger Bill of Rights also includes the right to have available on board “full-time, professional emergency medical attention, as needed until shore side medical care becomes available” and “the right to a ship crew that is properly trained in emergency and evacuation procedures.”

Hazel estimates that her husband was on the floor, suffering from what the Office of the Chief Medical Examiner later determined to be acute coronary insufficiency (a heart attack), for at least 15 minutes before receiving treatment despite several staff members being on scene.

His eventual death that night was deemed to be due to natural causes. He was a diabetic, according to Hazel. Carnival has since offered their condolences and refunded the family for their trip.

“I’m not saying my father would’ve survived if he got prompt medical attention but he wasn’t even given the chance because their equipment wasn’t working,” said Alonzo Bristol III, who also lives in Hampton.

Carnival sent Hazel a voucher for a free cruise, according to Alonzo III, but he called it a “slap in the face.”

The family has considered legal action, but hasn’t been able to get a lawyer to take the case. Many attorneys, if not all of them, cited the federal Death on the High Seas Act, according to Alonzo III.

The act is a century-old admiralty law that allows the recovery of only certain damages in deaths that occur beyond 3 nautical miles of the United States shores.

“I have run into a solid brick wall with every attorney,” Alonzo III said in a text. “They all say (the act) is a horrible law and it needs to be changed.”

Tom Scolaro is an attorney with the Miami-based law firm Leesfield Scolaro, which has handled many medical lawsuits against cruise lines. He explained that the Death on the High Seas Act bars recovery of damages for pain and suffering for wrongful death aboard a cruise, only allowing recovery of lost wages and loss of financial support provided by the deceased.

But federal law isn’t the only barrier to passengers’ ability to sue. The ticket contract passengers must agree to states that they are admitting an awareness that “the availability of medical care may be limited or delayed,” that “all or part of their voyage may be in areas where medical care and evacuation may not be available,” and states that “their own health insurance will not cover or be applicable to any medical services received on board and that such charges may not be eligible for reimbursement from Guest’s own insurance.”

The ticket contract “strongly encourages” passengers to purchase travel insurance to offset potential medical costs, which the Bristols did prior to embarking. Scolaro said the medical care on cruises in general is not ideal.

“Just judging by the sheer number of cases I am involved in and those that I currently have under review I would say that the state of medical care on cruise ships is second rate,” Scolaro said in an email. “The physicians on board are usually not educated and trained in the US. They are not usually board certified in their field. There are limited resources aboard cruise ships and you are left to their decision as to whether or not to medically evacuate you and disrupt the cruise schedule.”

Scolaro added that cruise staff are obligated to perform the life-saving measures they are equipped to conduct on board, but that’s the problem.

“What are they equipped to perform on the vessel versus what emergencies warrant an immediate ship evacuation for treatment at a shore side hospital?” he said. “That is usually where the fight in these cases lie.”