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In March 1997, the Carlisle family of Ann Arbor, Mich., embarked upon a Caribbean cruise. Their vacation ended abruptly in Cozumel after daughter Elizabeth, 14, fell seriously ill. Last month the resulting lawsuit reached the U.S. Supreme Court. We will know in October if the high court will take the case.
The facts are not in dispute. The Carnival cruise ship Ecstasy was only two days out of Miami when Elizabeth developed serious abdominal pain. She consulted the ship's physician, Dr. Mauro Neri. According to the record, he repeatedly advised the family that she was suffering only from flu. He saw no persuasive evidence of appendicitis. When the pain grew worse, the family flew home. There her ruptured appendix was removed, but not before the teenager had been rendered sterile.
Elizabeth sued the Carnival line in the lower state courts of Florida. She lost in the trial court on Carnival's motion for summary judgment, but won in a District Court of Appeal -- only to lose again last February in the state Supreme Court. In her petition to the U.S. Supreme Court she challenges a line of cases that appear to immunize cruise lines from responsibility for the malpractice of their doctors...
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