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These settlement agreements aim to mitigate further legal complexities and safeguard the company’s image. As we have informed you previously, a voluntary corrective action plan would include documentation of detailed procedures put in place onboard the vessel for control of Legionella, documentation of those procedures being accomplished, and verification that those procedures are effective. On July 21, 2022, FDA expressed concern that you had not provided a detailed disinfection process to be used in the future for the potable water system. On August 28, 2022, you provided a response which stated that you will do a “(b)(4)” of the vessel with no less than (b)(4)ppm of (b)(4) for a minimum of (b)(4) when (b)(4). To date, you have not provided any procedures for how you will accomplish this and to show that it is adequate to address the increased risk of Legionella when water is stagnant. On Monday, the plaintiffs urged a Connecticut federal judge to preliminarily approve their proposed class action settlement and to certify a Class of individuals who worked for American Cruise Lines as stewards or galley stewards during any workweek between May 18, 2012 and Jan. 9, 2016.
FDA concerned other American Cruise Lines’ ships could have a Legionnaires’ contamination due to company’s practices
U.S. Attorney Avery noted that American Cruise Lines has worked cooperatively with the U.S. The FDA — which conducted a pair of investigations last year and one in December 2021 — has warned American Cruise Lines that, going forward, failing to “adequately address” the contamination could lead to seizure and injunction, without limitation. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile. BBB Business Profiles are provided solely to assist you in exercising your own best judgment.
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Customer Complaints Summary
The United States will have the opportunity to review and approve the plan before renovations begin. In addition, the agreement requires American Cruise Lines to adopt ADA-compliant policies, procedures, and training; assign an ADA compliance officer; and establish an accessible website. Finally, the agreement requires American Cruise Lines to provide safe and accessible boarding and disembarking procedures and staff training, publicly available “accessibility request” and reservation procedures, and portable communication devices to alert deaf passengers when there is an emergency aboard ship. Plaintiffs Nicole McCormick, Jesus Estrada and Justice Kimmons filed the American Cruise Lines class action lawsuit on May 18, 2015, alleging the river cruise company misclassified its stewards and galley stewards as exempt under the seaman exemption of the FLSA and related state-law exemptions.
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The ADA authorizes the Justice Department to investigate complaints and undertake periodic reviews of compliance as well as when necessary commence a civil lawsuit which could include injunctive relief, monetary damages, and civil penalties. American Cruise Lines which operates a fleet of U.S.-flagged coastal and inland passenger cruise ships has reached an agreement with the U.S. Attorney’s Office that calls for improving accessibility on its ships and shore operations. The settlement will address accessibility on all 17 of the company’s vessels and implement accessibility standards and policies to provide greater access during cruises.
They claim that American Cruise Lines owes the affected stewards unpaid minimum wages and overtime wages due to this alleged misclassification. The American Cruise Lines lawsuit includes both class-action lawsuits and individual legal actions. Class-action lawsuits consolidate the claims of multiple individuals who have faced similar harm or damages. These lawsuits can result in substantial compensation for affected parties and may prompt the cruise company to address systemic issues. Additionally, individual lawsuits allow passengers or other affected parties to seek redress for specific incidents or injuries. By monitoring these parameters, you can ensure that the vessel’s potable water system is operating in a way to minimize hazardous conditions that could encourage Legionella and other waterborne pathogens to grow.
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Nineteen of 24 biofilm swabs and 24 of 29 bulk potable water samples had no free or total chlorine residual. Lack of free and/or total chlorine indicates that conditions, such as the presence of biofilm or planktonic microorganisms may have led to the immediate use of this residual chlorine in the potable water system onboard the vessel. "The U.S. Attorney’s Office is committed to safeguarding civil rights, including those protected by the Americans with Disabilities Act," Avery said in a news release.
The Emergence of Lawsuits:
With a fleet of modern vessels, they offer luxurious and immersive travel experiences to passengers exploring American waterways. However, despite its popularity, the company has encountered legal troubles that have cast a shadow over its operations. Under federal law, private entities that own or operate places of "public accommodation," including cruise ships, are prohibited from discriminating on the basis of disability. As a result of the settlement, American Cruise Lines will submit a comprehensive remediation plan to improve accessibility for passengers with disabilities aboard all ships within 18 months, and the U.S. will have the opportunity to review and approve the plans before renovations begin. Vessels collect water from various locations; it is essential for the vessel to know what disinfectant such as chloramine or chlorine is being used by the potable water source being onloaded to the vessel.
Guilford-Based American Cruise Lines Reaches ADA Settlement: Feds
The disinfection consisted of forcing the potable water tanks to a (b)(4) concentration of (b)(4)ppm for (b)(4) and then flushing (b)(4) shower heads and sinks on the vessel. Both Water Logs specify (b)(4) for water collection; a vessel can be an extremely complex water system, and it is essential to consider (b)(4) for potable water parameters occurs. Also, water collection should focus on the hot water system because Legionella grows best in warm water; nearly all of FDA’s samples were taken from your hot water system. The plaintiffs urged the judge to preliminarily approve the class action settlement because a trial would “consume tremendous time and resources” for the parties and the court. Legionnaires’ disease is caused by Legionella bacteria, which are found naturally in freshwater sources, such as lakes and streams. The problem is that Legionella can contaminate human-made water systems, such as buildings with complex plumbing, cruise ships, fountains, hot tubs, hot water tanks, showerheads and sink faucets.
Lack of verification of the disinfectant, pH, and temperature during disinfection in a complex potable water system such as a vessel prevents you from knowing whether the disinfection was effective in various areas of the potable water system. In addition, you did not sample the potable water system for microorganisms such as Legionella to verify the effectiveness of the disinfection. On June 24, 2022, FDA expressed concerns to you regarding the use of this field test kit and ending passenger notifications based on this testing because your testing was limited to Legionella pneumophilia serogroup 1 and did not include species identified as present on the vessel by FDA’s testing.
The cruise operator, meanwhile, did not change its procedures after it was notified that one of its passengers contracted Legionnaires’ disease by the U.S. The U.S. Food and Drug Administration (FDA) has issued a warning letter to American Cruise Lines after the agency said it found evidence of Legionnaires’ disease in drinking water on two of the company’s ships. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. The Schmidt Firm, PLLC has been recognized as one of the nation’s leading plaintiffs' law firms and handles cases in all 50 states. We are very proud of our legal achievements, but equally self-respecting of our firm's reputation for providing personal attention to each and every client we represent. We asked Royal Caribbean and Carnival to provide someone to discuss not only the Puchalski case but also the broader issue of the medical care onboard their ships.
The FDA warned that American Cruise Line did not take adequate steps to eliminate Legionella bacteria from the ships’ water system after the CDC confirmed cases of Legionnaires’ disease. In February 2023, the FDA sent a warning letter to American Cruise Lines after an outbreak of Legionnaires’ disease on the American Heritage and American Star cruise ships. An outbreak of Legionnaires’ disease was reported on two cruise ships owned by American Cruise Lines.
Twenty-two of 24 biofilm swabs and 26 of 29 bulk potable water samples had temperature ranges from 81.3°F - 113°F, which is ideal for potential Legionella growth. FDA’s positive samples were collected after your (b)(4) disinfection and thus show that your disinfection was not fully effective. The passenger cabin where FDA detected Legionella in the showerhead pipe and bathroom faucet aerator is very distal to the potable water holding tanks and water heaters; distal locations are where routine chlorine levels would be lowest and hyperchlorination would be least effective. You subsequently disinfected the showerhead pipe and sink faucet aerator in the positive passenger cabin and installed a (b)(4) on the showerhead in that cabin to decrease the risk of exposure to Legionella.
Instructions on how to file a claim for the American Cruise Lines class action settlement were not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated. American Cruise Lines also owns 15 other cruise ships, and while no other cases of Legionnaires’ disease were reported, the FDA was concerned about the risk for more waterborne disease outbreaks.
In addition, FDA expressed concerns with the sensitivity, detection limit, and size of the water samples collected for the field test kit you used. On June 28, 2022, you shared additional sample collection results with FDA, separate from the field test kit, that were analyzed in a laboratory. Passengers affected by the cruise company’s negligence or other issues can pursue compensation through individual lawsuits or by participating in class-action lawsuits. Settlements, compensations, or refunds may be provided based on the outcome of the legal proceedings. American Cruise Lines is a prominent cruise company specializing in small-ship cruising along the rivers and coastlines of the United States.
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