UNITED STATES DISTRICT 

COURT SOUTHERN DISTRICT 

OF FLORIDA MIAMI DIVISION 

Case No. 1:22cv23918 

ANTON PARDINI, 

as Personal Representative 

of the Estate of Judith Pardini, 

Plaintiff, 

vs. 

OCEANIA CRUISES S. de R.L., 

d/b/a OCEANIA CRUISES, 

Defendant. 

 / 

COMPLAINT AND DEMAND FOR JURY TRIAL 

Plaintiff, ANTON PARDINI, as Personal Representative of the Estate of Judith Pardini, 

sues OCEANIA CRUISES S. de R.L., d/b/a OCEANIA CRUISES, a Florida for-profit Limited 

Liability Company, (“OCEANIA”) and alleges: 

Jurisdictional Allegations 

1. This is an action for damages that exceed Seventy-Five Thousand ($75,000) 

Dollars, and this Court has diversity jurisdiction under 28 USC §1332. 

2. Plaintiff, ANTON PARDINI, is the son of Judith Pardini and the duly appointed 

Personal Representative of her estate. 

3. Anton Pardini was and is a resident and citizen of the State of Oregon. 

4. Judith Pardini was a resident and citizen of the State of Oregon. 

5. This wrongful death action includes claims brought on behalf of the Estate of 

Judith Pardini, and individual claims on behalf of her widow and survivor, Ulisse Pardini. 

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6. Ulisse Pardini was and is a resident and citizen of the State of Oregon. 

7. Defendant, OCEANIA, is a Florida limited liability company with its worldwide 

headquarters, principal address, and principal place of business in Miami, Florida. 

8. Venue is proper in this Court because OCEANIA’s principal place of business is 

in Miami-Dade County, a substantial part of the events or omissions giving rise to the causes of 

action happened in Miami-Dade County, and OCEANIA’s Ticket Contract requires that suit be 

brought in this Court. 

Factual Allegations 

9. OCEANIA, as a common carrier, provides vacation cruises to the public aboard 

vessels including the OCEANIA Riviera. OCEANIA owned, operated, managed, maintained, 

and/or controlled the OCEANIA Riviera, including the onboard medical center. 

10. OCEANIA, through online, television, radio, and print advertisements specifically 

markets its cruises as the world’s largest upper premium cruise line providing the highest quality 

cruise product for mature and discerning travelers. 

11. As part of providing vacation cruises, OCEANIA must provide its passengers with 

competent medical care and facilities, as well as staff capable of making sound medical and 

evacuation decisions. 

12. As part of providing vacation cruises, OCEANIA advertised that its ships’ onboard 

medical centers were staffed by physicians which meet American College of Emergency 

Physicians and ICCL (International Council of Cruise Lines) guidelines, including current 

physician licensure, three years of postgraduate clinical practice in general and emergency 

medicine or Board certification in emergency medicine, family practice or internal medicine or 

competent skill level in advance life support and cardiac care.

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13. OCEANIA charges money to passengers for medical services provided. 

OCEANIA provides medical services to passengers for profit and owes its passengers a duty to 

provide competent and non-negligent medical care and services. 

14. OCEANIA owned, operated, controlled, and/or maintained the medical center 

aboard the Riviera. OCEANIA maintained a medical operations division at its corporate 

headquarters in Miami, Florida. The onboard medical center and medical operations division 

work as a team in the event of a medical evacuation emergency. OCEANIA is aware that medical 

emergencies may arise on its vessels and is aware of the need to promptly evacuate passengers 

suffering from serious medical emergencies. 

15. At all times material, OCEANIA advertised that it has established contacts 

throughout the world with several emergency rooms/hospitals where onboard doctors can refer 

patients for medical care. 

16. OCEANIA, through its shoreside Fleet Medical Operations division, could control 

and monitor the treatment provided by the onboard medical staff via telephone, video conference, 

or otherwise. 

17. OCEANIA’s officials and employees could track and participate in safety, 

security, and medical emergencies on board the vessel by communicating with the Riviera’s crew 

via telephone, videoconference, Skype, and other means of communication. 

18. OCEANIA, through both the crew on board and their shoreside officials and 

employees, who acted in consultation with one another, failed to properly care for and promptly 

and properly evacuate Judith Pardini. 

19. Upon information and belief, the Master of the Riviera was consulted regarding 

Judith Pardini’s condition and the emergent nature of the situation. The Master is an employee or 

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agent of OCEANIA and could divert or control the vessel or make the proper decision to afford 

one of its passengers the medical care and treatment she desperately needed. The Master and the 

bridge team are also responsible for determining the logistics for medical evacuation or 

disembarkation, properly coordinating the evacuation of sick and injured individuals, and making 

sure OCEANIA’s passengers are afforded the logistical support needed during a medical 

emergency. This responsibility is carried out with OCEANIA’s shore-based fleet operations and 

shoreside individuals from OCEANIA that coordinate voyage logistics. 

20. OCEANIA was vicariously liable for the negligence of the medical staff and 

doctors on board the Riviera, who were employees, apparent agents, or actual agents, of 

OCEANIA. 

21. OCEANIA was vicariously liable for the negligence of the non-medical staff on 

board the Riviera, who were employees, apparent agents, or actual agents, of OCEANIA. 

22. OCEANIA controlled or had the right to control all people working in its medical 

departments, including the medical doctors and staff that improperly treated and negligently 

mismanaged Judith Pardini’s condition. 

23. Judith and Ulisse Pardini relied upon OCEANIA’s representations regarding its 

onboard medical facilities staffed with qualified and competent physicians in their decision to 

purchase the cruise vacation with OCEANIA. 

24. The cruise vacation included flights from Palm Springs, CA, to Miami, FL. The 

cruise was a transatlantic passage departing from Miami, FL on March 18, 2022, and arriving in 

Lisbon, Portugal on March 28, 2022. The ship had only one scheduled stop in Bermuda on March 

21, 2022, before continuing to Portugal. Before setting sail, OCEANIA changed the itinerary to 

stop in the Bahamas on March 19, 2022, instead of Bermuda. This decision was made due to 

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inclement weather. 

25. On March 18, 2022, Judith and Ulisse Pardini arrived at the Port of Miami to board 

the Oceania Riviera. 

26. While in line waiting to board, Judith Pardini told OCEANIA representatives that 

she felt fatigued, dizzy, had swelling in her legs bilaterally, and was unable to walk. Several 

requests for help were made. 

27. An OCEANIA representative eventually brought her a wheelchair and assisted her 

and Ulisse Pardini through the boarding process. The OCEANIA representative then assisted 

them to their stateroom. 

28. While still docked in the Port of Miami, a bellman took Judith Pardini by 

wheelchair to the Riviera medical center to receive care and treatment from the ship’s physician 

for complaints of double-vision and swelling in both legs. She was examined by Dr. Mark Alvin 

Chiong Tan, M.D. 

29. Dr. Tan was an employee or agent of OCEANIA and was at all times material 

acting within the course and scope of his employment or agency with OCEANIA. 

30. Judith Pardini complained of swelling and pain in both of her legs. The medical 

record states that shortly before her presentation in the medical center, she had been unable to put 

on her shoes due to the swelling. Judith Pardini also complained of double vision. 

31. Dr. Tan documented a review of systems that went into great detail about medical 

systems unrelated to her complaints, and which directly contradicts Judith Pardini’s complaints 

and presentation. Dr. Tan deviated from the standard of care by not conducting an accurate and 

targeted review of systems of Judith Pardini. This deviation caused him to fail to appreciate the 

life-threatening nature of her condition and to formulate an appropriate plan of care. 

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32. In his review of systems, Dr. Tan charted that Judith Pardini denied tiredness, 

ankle swelling, rashes, visual disturbances, painful leg with exercise, dizziness, and pains or 

stiffness. Out of fifty-six entries in the review of systems, only one was charted as present – 

bruising. Dr. Tan did not document her inability to walk or her arrival by wheelchair. Dr. Tan’s 

documented review of systems cannot be reconciled with what others documented as her 

complaints or what Judith Pardini wrote herself. 

33. In contrast to his uncharacteristically detailed review of systems, Dr. Tan did not 

document anything about Judith Pardini’s medical history, surgical history, social history, 

medication list, or allergies. This too caused Dr. Tan to formulate an inappropriate plan of care. 

34. Despite Judith Pardini’s serious complaints of double-vision, a possible indication 

of a stroke, Dr. Tan did not examine her vision or conduct a neurological exam. It was a further 

deviation from the standard of care not to immediately refer her to a shoreside facility for a stroke 

workup. 

35. Dr. Tan also noted the absence of peripheral edema, only to document in the same 

section that she had pitting edema in her lower extremities. This finding, along with her age of 

82, and the fact that her leg swelling began acutely after an over five-hour flight the night before, 

should have prompted Dr. Tan to suspect a possible deep vein thrombosis (“DVT”). He 

nevertheless charted: “No obvious signs of DVT.” The standard of care required her immediate 

referral to a shoreside facility to rule out a possible DVT. 

36. Dr. Tan ordered blood tests, including a Biochemistry Panel Plus, METLAC 12 

panel, and a CBC panel. These lab results were available and reviewed by Dr. Tan before the 

Riviera departed from the Port of Miami. Of the thirty-three individual tests performed in these 

three lab panels, fifteen were elevated above the normal range and nine were below the normal 

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range. The abnormal lab values, or dyscrasias, were consistent with acute kidney failure. These 

dyscrasias, particularly the documented “markedly elevated” c-reactive protein and blood urea 

nitrogen levels, should have prompted Dr. Tan to immediately transfer Judith Pardini off the 

Riviera for necessary treatment instead of clearing her for the transatlantic passage. 

37. Before departure from the Port of Miami, Dr. Tan diagnosed Judith Pardini with 

acute kidney failure – a fatal condition if not emergently treated. At all times material, the Riviera 

medical center did not have the appropriate equipment, staff, or other resources to treat this lifethreatening condition. Dr. Tan further diagnosed Judith Pardini with cellulitis, an albumin 

abnormality, hyperkalemia, and hyperuricemia. Dr. Tan’s plan of care included the 

administration of multiple IV medications, including IV antibiotics (ceftriaxone) to treat the 

presumed cellulitis, a diuretic (furosemide), and fluids. 

38. The planned IV therapies began during the March 18, 2022 visit and were to be 

completed in the Riviera medical center over several days. Still unable to walk, she was then 

discharged to her stateroom by wheelchair and with the IV line in her arm. She was given antiembolism compression stockings and instructions to return to the medical center the following 

day for continued treatment. 

39. Dr. Tan did not appreciate the severity of Judith Pardini’s medical condition on 

presentation to the medical center. Despite multiple reasons to do so, his failure to immediately 

refer her to a shoreside medical facility with appropriate resources deviated from the applicable 

standard of care. 

40. On the morning of March 19, 2022, the Riviera docked in Nassau, Bahamas. 

While in port, Judith Pardini returned to the medical center as directed. She received the multiple 

IV medications, IV antibiotics, and fluids according to Dr. Tan’s plan of care. She was then 

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discharged to her stateroom with instructions to return the following day. 

41. Judith Pardini’s condition continued to deteriorate, and she again returned to the 

medical center on the evening of March 19, 2022. Dr. Tan again examined her and noted the 

worsening of her acute kidney failure based on the results of her lab work. Dr. Tan ordered two 

additional IV antibiotics (vancomycin and ciprofloxacin), both inappropriate and further evidence 

of Dr. Tan’s inability to appropriately treat her acute kidney failure. 

42. Vancomycin causes drug-induced nephrotoxicity when given in the doses given 

to Judith Pardini. It deviated from the standard of care to use this medication in a patient in acute 

kidney failure, particularly at a non-renal-adjusted dose. The other, ciprofloxacin, has an FDA 

Black Box warning not to use in patients over sixty years old nor is it the type of antibiotic used 

to treat cellulitis. Dr. Tan deviated from the standard of care by ordering these medications, the 

nursing staff by administering these medications, and OCEANIA for failing to have an adequate 

pharmacy monitoring system in place to ensure appropriate medication of passengers like Judith 

Pardini. 

43. On the evening of March 19, 2022, based on his misinterpretations of her lab 

values, Dr. Tan made the diagnoses of suspected DVT, suspected sepsis, and heart failure – all 

life-threatening conditions which required immediate medical evacuation. 

44. An ultrasound of the legs was not performed to confirm the DVT, apparently due 

to a lack of ultrasound equipment on board. Judith Pardini was again discharged to her stateroom 

with instructions to return the following day. 

45. Judith Pardini returned to the medical center on the morning of March 20, 2022. 

Dr. Tan, without confirmation of a DVT, started twice daily injections of 50 mg of enoxaparin 

(an anticoagulant) for a total dose of 100 mg per day. Dr. Tan deviated from the standard of care 

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by initiating anticoagulant therapy without confirmation of a DVT. He further deviated from the 

standard of care by giving Judith Pardini an excessive dose of enoxaparin, instead of the renaladjusted dosage required for a patient in acute kidney failure. To this point, Judith Pardini had 

still not received the appropriate treatment for her acute kidney failure because the condition 

could not be treated on the Riviera. 

46. On March 20, 2022, Judith Pardini continued to receive the antibiotics ordered by 

Dr. Tan. 

47. Later on March 20, 2022, Judith Pardini’s lab results showed a sharp worsening 

of her medical condition and specifically her kidney function. 

48. On March 21, 2022, Judith Pardini returned to the medical center for her continued 

medical treatment as directed by Dr. Tan. She received IV medications that morning. Her lab 

results showed a continued worsening of her condition. 

49. Despite her worsening condition, Dr. Tan discontinued all IV medications and 

prescribed her oral medications instead. Judith Pardini was discharged and instructed to remain 

in her stateroom under the observation of her husband. Dr. Tan advised she did not need further 

treatment in the medical center. 

50. On March 22, 2022, Judith Pardini’s condition continued to worsen, to the point 

she could not get up from her stateroom bed with her husband’s assistance. Crew members, 

including a nurse, came to the stateroom and transferred her to the medical center. 

51. Finally, at 1:15 p.m., on March 22, 2022, Dr. Tan remotely consulted with the 

Cleveland Clinic of Florida. Due to extent of the acute kidney failure, the physician at the 

Cleveland Clinic told Dr. Tan that Judith Pardini needed to be medically evacuated from the ship 

to a hospital. 

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52. Following this consult with the Cleveland Clinic physician, Dr. Tan alerted the 

Captain and Staff Captain of the Riviera, and OCEANIA’s Corporate Navigation and Medical 

Department of the need to immediately evacuate Judith Pardini from the ship. 

53. On March 23, 2022, while in the intensive care unit (“ICU”) of the Riviera medical 

center, Judith Pardini became unresponsive. She was intubated and placed on a ventilator. She 

remained in the ICU until March 26, 2022. 

54. On March 26, 2022, the OCEANIA Riviera arrived near Portugal and Judith 

Pardini was evacuated by helicopter to a hospital in Funchal, Portugal. The Referral Ashore Form 

prepared by Dr. Tan for the Funchal physicians states that Judith Pardini needed the care of a 

nephrologist (kidney specialist) and a critical care physician. The Referral Ashore Form further 

states her condition as uremic encephalopathy (a serious brain condition caused by untreated 

acute kidney failure), “secondary to acute renal failure from severe sepsis and cellulitis of 

unknown organism.” 

55. At 2:48 p.m. local time on March 26, 2022, the physicians at the Funchal hospital 

pronounced Judith Pardini dead. 

56. Ulisse Pardini was not allowed to travel with his wife in the helicopter and had to 

stay onboard the Riviera until the ship arrived in Lisbon, Portugal on March 28, 2022. Once the 

ship docked in Lisbon, Ulisse Pardini was detained by Riviera crew members who would not let 

him disembark until he signed a Promissory Note for the onboard medical treatment charges. He 

was ultimately allowed to disembark despite refusing to sign the Promissory Note. 

57. Despite Judith Pardini’s dire condition which required urgent disembarkation to a 

higher level of care, and knowing that an air evacuation with a helicopter, rendezvous with a 

rescue vessel, or expeditious diversion of the vessel to a point of disembarkation was 

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operationally feasible, OCEANIA failed to analyze or inquire as to possible disembarkation 

options to assist Judith Pardini. Instead, the decisions were made to keep her on the vessel for an 

excessive and medically unacceptable period of time. 

58. OCEANIA’s decisions not to divert course were made to avoid operational 

disruption to the great detriment of their passenger, Judith Pardini. 

59. The failure to properly evaluate Judith Pardini and immediately disembark her to 

a proper level of care, and the corresponding delays caused by OCEANIA, prevented her from 

being emergently evacuated from the Riviera and evaluated by specialists trained to treat such 

patients. 

60. The delays caused by OCEANIA’s negligence caused Judith Pardini to suffer 

devastating injuries, and directly and proximately caused her death. 

61. All conditions precedent to the commencement of this action have been performed, 

waived, or otherwise satisfied. 

COUNT I – NEGLIGENCE 

Plaintiff re-alleges and incorporates by reference paragraphs 1 – 61. 

62. Because of OCEANIA’s experience and familiarity with the demographics of the 

passengers on its cruises, and the illnesses and emergencies experienced by past cruise passengers, 

it was reasonably foreseeable to OCEANIA that the Riviera would have passengers similar in age 

to Judith Pardini, and passengers with common illnesses and emergencies such as her condition. 

Likewise, it was reasonably foreseeable that such passengers would require proper examination, 

evaluation, treatment, and evacuation. 

63. OCEANIA owed the duty of exercising reasonable care under the circumstances. 

Judith Pardini was diagnosed with acute kidney failure on board the Riviera upon arrival to the 

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ship’s medical center, and OCEANIA owed Judith Pardini the duty of protecting her from injury 

relating to her emergent condition and to exercise reasonable care to provide such aid and 

assistance as ordinarily prudent people would render under similar circumstances, which included 

immediate transfer to a shoreside hospital. 

64. OCEANIA breached its duty of protecting Judith Pardini from injury relating to 

her emergent condition, and of exercising reasonable care to provide such aid and assistance as 

ordinarily prudent people would render under similar circumstances. OCEANIA breached its 

duty in one or more of these ways: 

a. OCEANIA failed to transfer her off the ship upon diagnosis of her serious 

medical condition while still docked in the Port of Miami; 

b. OCEANIA failed to timely evacuate Judith Pardini from the ship so she 

could promptly receive treatment; 

c. OCEANIA failed to timely divert the ship so Judith Pardini could promptly 

receive treatment; 

65. OCEANIA knew or reasonably should have known about these conditions and 

failures, but did not correct them before the incident that caused Judith Pardini’s death. These 

conditions and failures were longstanding and obvious to OCEANIA. OCEANIA is aware that its 

passengers may suffer from life-threatening conditions, and are aware of the urgent need to 

evacuate such patients to competent medical centers capable of providing treatment. 

66. As a direct and proximate result of OCEANIA breaching its duty to Judith 

Pardini, she suffered greatly and died. Had Judith Pardini received appropriate care and treatment 

onboard or been timely evacuated from the ship, she would not have suffered such devastating 

injuries causing her death. 

WHEREFORE, Plaintiff respectfully requests this Court enter judgment against 

OCEANIA for all damages recoverable under the law. 

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COUNT II – NEGLIGENCE OF NON-MEDICAL PERSONNEL 

(Vicarious Liability Based Upon Actual Agency / Respondeat Superior) 

Plaintiff re-alleges and incorporates by reference paragraphs 1 – 61. 

67. Because of OCEANIA’s experience and familiarity with the demographics of the 

passengers on its cruises, and the illnesses and emergencies experienced by past cruise passengers, 

it was reasonably foreseeable to OCEANIA that the Riviera would have passengers similar in age 

to Judith Pardini, and passengers with common illnesses and emergencies such as her condition. 

Likewise, it was reasonably foreseeable that such passengers would require proper examination, 

evaluation, treatment, and evacuation. 

68. OCEANIA owed the duty of exercising reasonable care under the circumstances. 

Judith Pardini was diagnosed with acute kidney failure on board the Riviera upon arrival to the 

ship’s medical center, and OCEANIA owed Judith Pardini the duty of protecting her from injury 

relating to her emergent condition and to exercise reasonable care to provide such aid and 

assistance as ordinarily prudent people would render under similar circumstances, which included 

immediate transfer to a shoreside hospital. 

69. OCEANIA breached its duty of protecting Judith Pardini from injury relating to 

her emergent condition, and of exercising reasonable care to provide such aid and assistance as 

ordinarily prudent people would render under similar circumstances. OCEANIA breached its 

duty in one or more of these ways: 

a. OCEANIA failed to properly treat Judith Pardini; 

b. OCEANIA negligently misdiagnosed and anchored on the wrong diagnosis; 

c. OCEANIA failed to perform or arrange for appropriate diagnostics testing 

given Judith Pardini’s condition; 

d. OCEANIA failed to obtain consultations with appropriate specialists; 

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e. OCEANIA failed to properly monitor Judith Pardini; 

f. OCEANIA failed to transfer her off the ship upon diagnosis of her serious 

medical condition while still docked in the Port of Miami; 

g. OCEANIA failed to timely evacuate Judith Pardini from the ship so she 

could promptly receive treatment; 

h. OCEANIA failed to timely divert the ship so Judith Pardini could promptly 

receive treatment; 

i. OCEANIA did not properly or timely consult qualified shore-based staff 

regarding Judith Pardini’s condition; 

j. OCEANIA failed to obtain a proper medical opinion on Judith Pardini’s 

condition; 

k. OCEANIA failed to timely use “Telemedicine” and other resources on the 

vessel to properly assess Judith Pardini’s condition; 

l. OCEANIA failed to develop and institute adequate procedures and policies 

to address Judith Pardini’s medical situation; 

m. OCEANIA failed to have in place a system to monitor and supervise 

situations where the on-board medical personnel diagnose serious medical 

conditions and provide repeated treatment for said serious medical 

conditions; 

n. OCEANIA failed to have in place a system to ensure medications 

administered to its patients are appropriate, appropriately dosed, and not 

contraindicated by a patient’s underlying medical condition; 

o. OCEANIA’s nurses and healthcare support staff failed to advocate for 

Judith Pardini in the face of a negligent diagnosis and treatment plan by Dr. 

Tan; 

p. OCEANIA’s nurses negligently administered medications to Judith Pardini 

which were contraindicated with her kidney failure; 

q. OCEANIA’s nurses negligently administered medications that had been 

negligently prescribed in dosage amounts far more than the appropriate dose 

for Judith Pardini; 

r. OCEANIA did not appreciate the severity of Judith Pardini’s condition 

upon her initial presentation and thereafter as her condition worsened; 

s. OCEANIA failed to perform any procedure to Judith Pardini’s medical 

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benefit; and/or 

t. OCEANIA deviated from the standard of care for treating patients in Judith 

Pardini’s condition. 

70. OCEANIA knew or reasonably should have known about these conditions and 

failures, but did not correct them before the incident that caused Judith Pardini’s death. These 

conditions and failures were longstanding and obvious to OCEANIA. OCEANIA is aware that its 

passengers may suffer from life-threatening conditions, and are aware of the urgent need to 

evacuate such patients to competent medical centers capable of providing treatment. 

71. As a direct and proximate result of OCEANIA breaching its duty to Judith 

Pardini, she suffered greatly and died. Had Judith Pardini received appropriate care and treatment 

on board or been timely evacuated from the ship, she would not have suffered such devastating 

injuries which caused her death. 

WHEREFORE, Plaintiff respectfully requests this Court enter judgment against 

OCEANIA for all damages recoverable under the law. 

COUNT III – NEGLIGENCE OF MEDICAL PERSONNEL 

(Vicarious Liability Based Upon Actual Agency / Respondeat 

Superior) 

Plaintiff re-alleges and incorporates by reference paragraphs 1 – 61. 

72. OCEANIA’s medical personnel, including the doctors and nurses on board the 

Riviera, were the employees, agents, servants, and/or persons otherwise allowed to act on behalf 

of OCEANIA. Thus, OCEANIA is vicariously liable for the acts and/or omissions of its medical 

personnel. 

73. OCEANIA acknowledged that its medical personnel, including the doctors and 

nurses onboard the Riviera, would act for it, and the medical personnel manifested an acceptance 

of the undertaking. For example: (1) OCEANIA directly paid the medical personnel for their 

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work in the medical center onboard the Riviera; (2) the medical center on board the Riviera was 

created, owned, and operated by OCEANIA; (3) the medical personnel on board the Riviera 

worked at what OCEANIA describes in its advertising as OCEANIA’s medical center; and (4) 

OCEANIA knowingly provided, and the medical personnel on board the Riviera knowingly wore, 

uniforms bearing OCEANIA’s name and logo; the ship physician on the Riviera is considered 

and titled an officer of OCEANIA’s cruise line. 

74. OCEANIA’s medical personnel, including the doctors and nurses on board the 

Riviera, were subject to the right of control by OCEANIA and were acting within the scope of 

their employment or agency. For example: (1) the medical personnel were employed by 

OCEANIA; (2) the medical personnel were hired to work in a medical center on board the Riviera 

which was created, owned and operated by OCEANIA; (3) the medical personnel were paid 

salaries and/or other employment related benefits directly by OCEANIA; (4) the medical 

personnel on board the Riviera were considered members of the ship’s crew; (5) the medical 

personnel had to wear uniforms or other insignia provided by OCEANIA; (6) OCEANIA put the 

medical personnel on board the Riviera under the command of the ship’s superior officers, and 

they were subject to the ship’s discipline and the master’s orders; (7) OCEANIA had the right to 

fire its medical personnel; (8) OCEANIA directly billed the Plaintiff and other passengers 

onboard the Riviera for services rendered by its medical personnel and/or use of the onboard 

medical center, medical equipment and medical supplies; and (9) the medical personnel on board 

the Riviera were subject to the control of OCEANIA’s shore-side medical department. 

75. OCEANIA, through its medical personnel, owed Judith Pardini the duty of 

exercising reasonable care under the circumstances. In particular, as Judith Pardini was diagnosed 

with a serious medical condition upon arrival to the ship’s medical center, OCEANIA owed 

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Judith Pardini the duty of protecting her from injury relating to her emergent condition, and of 

exercising reasonable care to provide such aid and assistance as ordinarily prudent people would 

render under similar circumstances. 

76. OCEANIA, through its medical personnel, breached its duty of protecting Judith 

Pardini from injury relating to her emergent condition, and of exercising reasonable care to provide 

such aid and assistance as ordinarily prudent people would render under similar circumstances. 

OCEANIA, through its medical personnel, breached its duty in one or more of these ways: 

a. OCEANIA failed to properly treat Judith Pardini; 

b. OCEANIA negligently misdiagnosed and anchored on the wrong diagnosis; 

c. OCEANIA failed to perform or arrange for appropriate diagnostics testing 

given Judith Pardini’s condition; 

d. OCEANIA failed to obtain consultations with appropriate specialists; 

e. OCEANIA failed to properly monitor Judith Pardini; 

f. OCEANIA failed to transfer her off the ship upon diagnosis of her serious 

medical condition while still docked in the Port of Miami; 

g. OCEANIA failed to timely evacuate Judith Pardini from the ship so she 

could promptly receive treatment; 

h. OCEANIA failed to timely divert the ship so Judith Pardini could promptly 

receive treatment; 

i. OCEANIA did not properly or timely consult qualified shore-based staff 

regarding Judith Pardini’s condition; 

j. OCEANIA failed to obtain a proper medical opinion on Judith Pardini’s 

condition; 

k. OCEANIA failed to timely use “Telemedicine” and other resources on the 

vessel to properly assess Judith Pardini’s condition; 

l. OCEANIA failed to develop and institute adequate procedures and policies 

to address Judith Pardini’s medical situation; 

m. OCEANIA failed to have in place a system to monitor and supervise 

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Estate of Judith Pardini v. OCEANIA 

Complaint and Demand for Jury Trial 

18 

situations where the on-board medical personnel diagnose serious medical 

conditions and provide repeated treatment for said serious medical 

conditions; 

n. OCEANIA failed to have in place a system to ensure medications 

administered to its patients are appropriate, appropriately dosed, and not 

contraindicated by a patient’s underlying medical condition; 

o. OCEANIA’s nurses and healthcare support staff failed to advocate for 

Judith Pardini in the face of a negligent diagnoses and treatment plan by Dr. 

Tan; 

p. OCEANIA’s nurses negligently administered medications to Judith Pardini 

which were contraindicated with her kidney failure; 

q. OCEANIA’s nurses negligently administered medications that had been 

negligently prescribed in dosage amounts far more than the appropriate dose 

for Judith Pardini; 

r. OCEANIA did not appreciate the severity of Judith Pardini’s condition 

upon her initial presentation and thereafter as her condition worsened; 

s. OCEANIA failed to perform any procedure to Judith Pardini’s medical 

benefit; and/or 

t. OCEANIA deviated from the standard of care for treating patients in Judith 

Pardini’s condition. 

77. OCEANIA, through its medical personnel, knew or reasonably should have 

known about these conditions and failures, but did not correct them before the incident that 

injured Plaintiff. These conditions and failures were longstanding and obvious to OCEANIA. 

78. As a direct and proximate result of OCEANIA breaching its duty to Judith 

Pardini, she suffered greatly and died. Had Judith Pardini received appropriate care and 

treatment on board or been timely evacuated from the ship, she would not have suffered and 

died. 

WHEREFORE, Plaintiff respectfully requests this Court enter judgment against 

OCEANIA for all damages recoverable under law. 

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Estate of Judith Pardini v. OCEANIA 

Complaint and Demand for Jury Trial 

19 

COUNT IV – NEGLIGENCE OF MEDICAL PERSONNEL 

(Vicarious Liability Based Upon Apparent Agency) 

Plaintiff re-alleges and incorporates by reference paragraphs 1 – 61. 

79. OCEANIA’s medical personnel, including the doctors and nurses on board the 

Riviera, were the apparent employees, agents, servants, and/or people otherwise allowed to act 

on behalf of OCEANIA. Thus, OCEANIA is vicariously liable for the acts and/or omissions of 

its medical personnel. 

80. OCEANIA made representations to Plaintiff and other passengers onboard the 

Riviera that the ship’s medical personnel were the employees, agents, servants, and/or persons 

otherwise allowed to act for OCEANIA’s benefit. For example: (1) OCEANIA promoted the 

medical personnel on board the Riviera and represented them as being OCEANIA employees 

through brochures, internet advertising, and/or signs, documents, and uniforms on the ship; (2) 

OCEANIA promoted the medical center on board the Riviera and described it in proprietary 

language; (3) the medical personnel on board the Riviera worked in the medical center that 

OCEANIA promoted and described in proprietary language; (4) OCEANIA directly bills the 

Plaintiff and other passengers onboard the Riviera for services rendered by the onboard medical 

personnel and/or use of the onboard medical center, medical equipment, and medical supplies; 

(5) the medical personnel on board the Riviera had to wear uniforms or other insignia provided 

by OCEANIA; (6) OCEANIA held out the medical personnel on board the Riviera as members 

of the ship’s crew; and (7) the medical personnel on board the Riviera spoke and acted as though 

they were employed by OCEANIA. OCEANIA knew of such representations but took no action 

to indicate otherwise. 

81. OCEANIA’s representations to Plaintiff and other passengers onboard the 

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Estate of Judith Pardini v. OCEANIA 

Complaint and Demand for Jury Trial 

20 

Riviera caused them to reasonably believe that the ship’s medical personnel were the employees, 

agents, servants, and/or persons otherwise allowed to act for OCEANIA’s benefit. 

82. OCEANIA’s representations to Plaintiff and other passengers onboard the 

Riviera induced their detrimental, justifiable reliance upon the appearance of agency. For 

example, Judith Pardini justifiably relied upon OCEANIA’s representations in purchasing a 

cruise on the Riviera. She also justifiably relied upon the decision of OCEANIA’s medical 

personnel that she remain aboard the vessel rather than seek medical care in Miami. 

83. OCEANIA, through its medical personnel, owed Judith Pardini the duty of 

exercising reasonable care under the circumstances. As Judith Pardini was diagnosed with a 

serious medical condition upon arrival to the ship’s medical center, OCEANIA owed Judith 

Pardini the duty of protecting her from injury relating to her emergent condition, and of 

exercising reasonable care to provide such aid and assistance as ordinarily prudent persons 

would render under similar circumstances. 

84. OCEANIA, through its medical personnel, breached its duty of protecting 

Plaintiff from injury relating to his emergent condition, and of exercising reasonable care to 

furnish such aid and assistance as ordinarily prudent persons would render under similar 

circumstances. OCEANIA, through its medical personnel, breached its duty in one or more of 

these ways: 

a. OCEANIA failed to properly treat Judith Pardini; 

b. OCEANIA negligently misdiagnosed and anchored on the wrong diagnosis; 

c. OCEANIA failed to perform or arrange for appropriate diagnostics testing 

given Judith Pardini’s condition; 

d. OCEANIA failed to obtain consultations with appropriate specialists; 

e. OCEANIA failed to properly monitor Judith Pardini; 

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Estate of Judith Pardini v. OCEANIA 

Complaint and Demand for Jury Trial 

21 

f. OCEANIA failed to transfer her off the ship upon diagnosis of her serious 

medical condition while still docked in the Port of Miami; 

g. OCEANIA failed to timely evacuate Judith Pardini from the ship so she 

could promptly receive treatment; 

h. OCEANIA failed to timely divert the ship so Judith Pardini could promptly 

receive treatment; 

i. OCEANIA did not properly or timely consult qualified shore-based staff 

regarding Judith Pardini’s condition; 

j. OCEANIA failed to obtain a proper medical opinion on Judith Pardini’s 

condition; 

k. OCEANIA failed to timely use “Telemedicine” and other resources on the 

vessel to properly assess Judith Pardini’s condition; 

l. OCEANIA failed to develop and institute adequate procedures and policies 

to address Judith Pardini’s medical situation; 

m. OCEANIA failed to have in place a system to monitor and supervise 

situations where the on-board medical personnel diagnose serious medical 

conditions and provide repeated treatment for said serious medical 

conditions; 

n. OCEANIA failed to have in place a system to ensure medications 

administered to its patients are appropriate, appropriately dosed, and not 

contraindicated by a patient’s underlying medical condition; 

o. OCEANIA’s nurses and healthcare support staff failed to advocate for 

Judith Pardini in the face of a negligent diagnoses and treatment plan by Dr. 

Tan; 

p. OCEANIA’s nurses negligently administered medications to Judith Pardini 

which were contraindicated with her kidney failure; 

q. OCEANIA’s nurses negligently administered medications that had been 

negligently prescribed in dosage amounts far more than the appropriate dose 

for Judith Pardini; 

r. OCEANIA did not appreciate the severity of Judith Pardini’s condition 

upon her initial presentation and thereafter as her condition worsened; 

s. OCEANIA failed to perform any procedure to Judith Pardini’s medical 

benefit; and/or 

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Estate of Judith Pardini v. OCEANIA 

Complaint and Demand for Jury Trial 

22 

t. OCEANIA deviated from the standard of care for treating patients in Judith 

Pardini’s condition. 

85. OCEANIA, through its medical personnel, knew or reasonably should have 

known about these conditions and failures, but did not correct them before the incident that 

injured Plaintiff. These conditions and failures were longstanding and obvious to OCEANIA. 

86. As a direct and proximate result of OCEANIA breaching its duty to Judith 

Pardini, she suffered greatly and died. Had Judith Pardini received appropriate care and 

treatment onboard and been timely evacuated from the ship, she would not have suffered such 

devastating injuries and died. 

COUNT V – NEGLIGENT HIRING / RETENTION 

Plaintiff re-alleges and incorporates by reference paragraphs 1 – 61. 

87. Because of OCEANIA’s experience and familiarity with the demographics of the 

passengers on its cruises, the onboard and offshore recreational activities taking place on its 

cruises, the foreign destinations visited on its cruises, and the illnesses experienced by past 

cruise passengers, it was reasonably foreseeable to OCEANIA Riviera would have passengers 

similar in age to the Judith Pardini, and passengers with common illnesses such as the Judith 

Pardini’s condition. Likewise, it was reasonably foreseeable that such passengers would require 

proper examination, evaluation, and treatment. 

88. OCEANIA owed Judith Pardini the duty of exercising reasonable care to use 

competent and fit medical personnel, including competent and fit doctors and nurses on board 

the Riviera. However, Oceania’s doctor, Dr. Mark Alvin Chiong Tan, M.D., was incompetent 

and unfit to perform the requisite examination, evaluation, and treatment for passengers like 

Judith Pardini, and OCEANIA knew or reasonably should have known that he was incompetent 

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Estate of Judith Pardini v. OCEANIA 

Complaint and Demand for Jury Trial 

23 

and unfit to do so. 

89. OCEANIA breached its duty by hiring an incompetent and unfit physician. For 

example, OCEANIA did not conduct a proper background investigation to determine if Dr. Tan 

was qualified by training and/or experience and if he could conduct a proper examination and/or 

evaluation for treatment or referral for treatment to a shoreside facility. A proper investigation 

by OCEANIA would have revealed the incompetence or unfitness of Dr. Tan to examine, 

evaluate, treat or refer to an appropriate shoreside facility or physician to treat conditions such 

as those Judith Pardini suffered from. It was unreasonable for OCEANIA to hire and retain Dr. 

Tan, given the information it knew or should have known. 

90. As a direct and proximate result of OCEANIA’s negligent retention and hiring 

of Dr. Tan, OCEANIA let Dr. Tan provide negligent care to Judith Pardini which caused her 

death. 

DAMAGES 

 Plaintiff hereby incorporates and realleges paragraphs one (1) through ninety (90) as 

though fully set forth herein and further alleges: 

91. Plaintiff ANTON PARDINI, as Personal Representative of the Estate of JUDITH 

PARDINI, is entitled to and seeks recovery of the following damages from the Defendants 

including for the wrongful death of JUDITH PARDINI under maritime law and/or Florida Statute 

§768.20-21, in that her death was due to negligence which occurred in Florida’s territorial waters: 

a. On behalf of ULISSE PARDINI, individually as JUDITH PARDINI’s 

surviving spouse, the value of lost support and services, companionship and 

protection, and mental pain and suffering from the date of her death. These 

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Estate of Judith Pardini v. OCEANIA 

Complaint and Demand for Jury Trial 

24 

losses are either permanent or continuing in nature and ULISSE PARDINI has 

suffered these losses in the past and will suffer these losses in the future. 

92. Plaintiff’s injuries and related damages as outlined in paragraph eighty-six (86) 

were a direct and proximate result of the negligence and conduct of Defendant. 

 WHEREFORE, Plaintiff, ANTON PARDINI, demands judgment against Defendant for 

compensatory damages, interest, and costs associated with the bringing of this action. 

DEMAND FOR JURY TRIAL 

Plaintiff demands a trial by jury on all claims set forth herein. 

Dated: December 1, 2022. Respectfully submitted, 

By:s/ Andrew Rodriguez ___ 

Manuel A. Reboso (FBN 390844) 

reboso@rbrlaw.com 

Andrew Rodriguez (FBN 99629) 

rodriguez@rbrlaw.com 

rachel@rbrlaw.com 

ROSSMAN, BAUMBERGER, REBOSO, 

& SPIER, P.A. 

9155 S. Dadeland Blvd., Suite 1200 

Miami, FL 33156 

Telephone: (305) 373-0708 

Facsimile: (305) 577-4370 

and 

Philip D. Parrish (FBN 541877) 

phil@parrishappeals.com

betty@parrishappeals.com 

PHILIP D. PARRISH, P.A. 

7301 SW 57th Court, Suite 430 

Miami, FL 33143 

Telephone: (305) 670-5550 

Facsimile: (305) 670-5552 

Attorneys for the Plaintiff 

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