Case Results · Jones Act · Maritime

$10 Million — Result · Jones Act — one of the largest barge companies in the United States

A 30-year towboat captain ate a meal from his vessel’s galley and was fighting for his life within days — botulism, the rarest and most potent foodborne toxin there is. The case was never about a meatball. It was about a company with no food-safety system and a crew that got him help too slowly.

Result$10 Million
Resolved2017
Lead counselBrian Beckcom
Case typeJones Act

Poisoned by his own vessel

He had run towboats for three decades. In January 2015 he boarded his vessel, ate a meal from the galley, and within hours was violently ill. The diagnosis, when it finally came, was foodborne botulism — a toxin so rare that health departments across four states and the CDC, answering our records requests, could not find another case anywhere in the region. The source wasn’t a mystery. It was the boat.

Botulism causes descending paralysis. Time is everything. The crew’s response wasn’t fast — and the man who drove him off the boat never called to check on him again. His cell records proved it.

What a ’systems failure’ looks like

His employer — one of the largest barge companies in the United States — had food-safety training videos. What it didn’t have was a food-safety system: no real program for storage, labeling, or temperature; untrained galley hands feeding a working crew miles from help. A vessel’s galley isn’t a kitchen. It’s the only restaurant in a hundred miles, and the law holds its owner to that responsibility.

The cost of the failure was catastrophic: respiratory failure, a tracheostomy and ventilator, months in intensive care, a MRSA infection through the trach, permanent damage to his left hand, and a power wheelchair he will use for the rest of his life. A man who had commanded vessels for thirty years now needed round-the-clock care. His life care plan alone approached $5.2 million.

What the evidence showed

Every fact below came from the company’s own witnesses and records — and the public health record.

  1. Health departments in four states and the CDC confirmed no other botulism case in the region — isolating the vessel’s galley as the source.
  2. A pre-boarding physical three days earlier showed him healthy.
  3. The company had food-safety training videos; its galley followed none of them.
  4. Cell-phone records showed the crewman who drove him off the boat never called to check on him.
  5. The company’s own injury-review paperwork documented the response, step by missing step.

The offer, and the answer

The company’s last mediation offer$6,000,000
The result$10 Million

At mediation in January 2017 — with trial set for March — the company’s last firm offer was $6 million. It moved to $7 million a week later, then $7.75 million. The answer stayed the same: the number had to fund the rest of his life, not part of it. In March 2017 the case resolved for $10 Million — believed to be among the largest recoveries the company has ever paid — structured to guarantee his care and his family’s security for life. Brian Beckcom led the case, with Vuk Vujasinovic.

Four million dollars is the difference between a settlement that sounds large and one that actually funds a lifetime of round-the-clock care. We don’t price cases on the company’s math.

Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.

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