Woman loses bid to challenge damages awarded after husband given just days to live following ‘Covid cruise’

A woman whose husband was told he had just days to live 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 the cruise line, Carnival Australia, was negligent in allowing the ship to set sail following a class-action lawsuit launched by Shine Lawyers.

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.

Ms 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.

Ms Karpik lodged an appeal against her damages; she’d sought more than $360,000 but was only awarded $4423 plus interest for out-of-pocket medical expenses.

Carnival Australia also lodged a cross-appeal against Justice Stewart’s findings.

Justice Sarah Derrington dismissed both appeals in the Federal Court on Tuesday morning.

Her reasons are expected to be published on Tuesday.

More to come …