HM&B Secures Defense Award in Wrongful Death Arbitration

Jerry Hamilton and Tyler Tanner recently secured a complete defense award in a maritime arbitration on behalf of a major cruise line. The estate of a former crew member initiated the proceeding, alleging that medical malpractice onboard and negligent evacuation efforts caused the death of a crew member who developed an aortic dissection while the ship was at sea. The defense successfully established that the attentive medical care provided onboard met and far exceeded the standard of care, and that the evacuation decisions were reasonable and successfully executed under difficult circumstances. After a final hearing that lasted two weeks (one week of live testimony, and one via Zoom due to the pandemic), the Arbitrator found in favor of the cruise line on all counts and adopted the defense’s theory of the case. The Arbitrator found that the shipboard medical personnel, as well as everybody associated with the evacuation from sea, were not negligent. All claims brought by the estate against the cruise line were denied.  The motion was written by HM&B partners Jerry Hamilton and Tyler Tanner.