A federal civil court case remains alive in Miami after a motion to dismiss the claims was denied.  The lawsuit, which alleges of flesh-eating bacteria lurking in cruise lines’ hot tubs, may eventually go to trial.

The complaint in Lankford et al v. Carnival Corporation (Southern District of Florida (Miami), Case No.: 1:12-cv-24408-CMA; first filed in December 2012; amended in April 2013) claims that Carnival Cruise Lines‘s hot tubs are infested with dangerous, flesh-eating bacteria.

The class action lawsuit seeks to “redress personal injuries and damages that Plaintiffs, and a worldwide class of consumers, have suffered and will continue to suffer as a result of Defendant’s ownership and negligent maintenance and/or operation of unreasonably dangerous, bacteria-infested hot tubs/Jacuzzis/whirlpools and/or other similar heated bathing devices on board its ships.”



The complaint goes on to allege that the defendant’s “hot tubs have caused a significant number of passengers to suffer bacteria-induced infections and health problems, including but not limited to rashes, Staphylococcus aureus, Cellulitis, Legionella, and Methicillin-resistant Staphylococcus aureus (“MRSA”).”

Plaintiff, Tab Lankford, who was cruising on the Carnival ship Paradise on December 17, 2011, claims he contracted “hot tub folliculitis” from a Carnival whirlpool. He was hospitalized for Cellulitis and other injuries, almost accounting for the loss of a leg.

Other Plaintiffs allege that on May 12, 2012, during their trip aboard Carnival’s ship Fascination, they became severely infected with MRSA and staphylococcus aureus from using its hot tub.

The class sought to be certified by the court could be all fare paying passengers on ships owned by Carnival from December 17, 2011 to the present who have suffered infections due to Carnival’s alleged negligence.

In its defense, Carnival filed its Answer and Affirmative Defenses on July 2, 2013, denying all allegations of the Complaint and asserting many affirmative defenses in support of barring the claims of Plaintiffs.

The lawsuit continues in its discovery / pre-trial phase at the time of this posting.

HT: @VeryGoodPoints for the news report of this lawsuit!