Woman loses bid to challenge damages awarded after husband nearly died following ‘Covid cruise’

A passenger's bid for $300,000 compensation has been rejected after the Ruby Princess Covid outbreak that infected 700 people and killed 28 passengers.

A woman whose husband nearly died following a major Covid outbreak on a cruise that led to 28 deaths has lost her challenge to the damages she was awarded.

Nearly 700 passengers contracted Covid-19 on the 13-day Ruby Princess cruise from Sydney on March 8, 2020.

The Federal Court in 2023 found Princess Cruise Lines, and its owner Carnival Corporation PLC, were negligent in allowing the ship to set sail following a class-action lawsuit launched by Shine Lawyers.

Nearly 700 people were infected with Covid on the cruise, leading to the deaths of 28. Picture: James D. Morgan/Getty Images

Justice Angus Stewart also found the cruise line misled passengers by making representations that the cruise was reasonably safe to embark on and the company would take reasonable care for the safety of passengers and increase monitoring, screening and sanitation protocols.

The class action’s lead applicant, Susan Karpik, most likely contracted Covid on-board the ship along with her husband, Henry Karpik, Justice Stewart found.

Her husband became so sick from the virus that he was given only a few days to live at one stage, spending nearly two months in hospital during which time he was intubated, ventilated and placed into an induced coma. Mr Karpik survived the ordeal.

Susan Karpik was the lead applicant in the class action launched by Shine Lawyers. Picture: NewsWire / Dylan Coker

Mrs Karpik experienced minor symptoms of the virus; however, she was unable to be with her husband, as she was in isolation and feared he might die.

Justice Stewart found that she’d suffered psychiatric illness as a result but did not uphold her claims that she suffered long Covid.

Mrs Karpik lodged an appeal against her personal injury, disappointment and distress damages; she’d sought more than $300,000 but was only awarded about $4000 as a refund for her ticket.

Mrs Karpik’s husband was at one stage given only days to live. Picture: NewsWire / Dylan Coker

Carnival Corporation also lodged a cross-appeal against Justice Stewart’s findings of negligence and misleading representations.

Justice Sarah Derrington dismissed both appeals in the Federal Court on Tuesday morning, ordering each party to pay for each other’s costs.

“Each of the appeal and the cross-appeal have failed in their entirety,” Justice Derrington said.
She upheld the findings of Justice Stewart that Carnival Australia breached consumer guarantees and its duty of care to passengers by not cancelling the cruise, nor warning Mrs Karpik of the heightened risk of the virus on the cruise.

Justice Derrington also found the primary judge was correct in concluding Mrs Karpik’s damages didn’t exceed the cost of the ticket refund she was given, and she wasn’t entitled to personal injury damages, as it fell below the severity required.

Justice Derrington described how Mr Karpik was “gravely ill and nearly died” in her reasons for judgment, with Mrs Karpik unable to be by her husband’s side, as she was told he only had about a 10 per cent shot at survival while she was still self-isolating.

Mr Karpik’s condition improved over the following days and he survived despite a “long and difficult recovery”.

Lawyer Chris Pagent represented Carnival Australia. Picture: NewsWire / Monique Harmer

The decision allows passengers to have their individual claims assessed more than five years after the cruise ship set off from Circular Quay.

Ms Karpik said she was pleased those involved in the class action may now be able to receive compensation.

“The appeal judgment has given me a lot of relief in that it has continued to find Carnival liable for the events that occurred in March 2020 on the Ruby Princess,” Ms Karpik said in a statement outside court.

“The process has been long and lots of people have been impacted.
“I am grateful to Shine Lawyers for their efforts and pleased about what this outcome means for group members, particularly for the families that have lost loved ones and those that are still recovering.

“Hopefully now they can all receive some justly deserved compensation.”

Shine Lawyers joint head of class action Vicky Antzoulatos represented Mrs Karpik. Picture: NewsWire / Monique Harmer

Shine Lawyers joint head of class action Vicky Antzoulatos earlier welcomed the Federal Court’s upholding of negligence findings in a statement outside court.

“The Full Court has upheld the comprehensive findings of Justice Stewart, the trial judge, that Carnival Cruises was negligent and breached the Australian Consumer Law in its conduct of the voyage of the Ruby Princess in March 2020,” Ms Antzoulatos said.

“The Full Court has also upheld the trial findings in relation to Mrs Karpik’s damages.

“The case is now in its fifth year, and sadly, several of the passengers on this ill-fated cruise have now passed away.”

Ms Antzoulatos said passengers from the cruise ship could now have their individual claims assessed following the appeals’ dismissal.

“We hope this result will lead to a meaningful resolution of their claims so that they can finally put this sorry episode of their lives behind them,” she said.

A Princess Cruises spokesperson said they were “considering next steps”.

“We are carefully reviewing the judgement and are considering next steps,” the spokesperson said.

“The pandemic was a difficult time in Australia’s history, and we understand how challenging it was for those affected.”

Originally published as Woman loses bid to challenge damages awarded after husband nearly died following ‘Covid cruise’