A Carnival Cruises worker who was forced to have failed back surgery in Peru instead of in the U.S. has been granted the right to seek punitive damages against the company. Edward Florian hurt his back as a galley steward on the Carnival Valor. He received initial treatment at South Miami Hospital. But the company allegedly opted to save money and forced him to have the necessary back operation in Peru, reports Maritime Law Blog.net. The surgery was a disaster. He ended up bedridden for over two months. The pain was almost unbearable. He had to wear an orthopedic corset and needed rehab therapy to learn how to walk all over again. A Jones Act lawsuit for negligence was filed in Miami, the corporate headquarters of Carnival. The company is accused of an unseaworthy vessel and failure to provide all necessary maintenance and cure because it did not cover all medical expenses. Therefore, Florian had to cover costs out of pocket. A judge ruled at a hearing that there was sufficient evidence to allow the plaintiff to seek punitive damages against Carnival Cruises. Trial is expected to take place in 2012.
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