Case at a glance
- Recovery: $1,495,000 Settlement
- Injury: Back injury requiring surgery; later cauda equina syndrome
- Practice: Maritime Injury Law
- Attorney: Brian Beckcom
A fall on the trip back to shore
James worked as a maintenance worker for Aramark U.S. Offshore Services. After completing a two-week hitch on a Gulf of Mexico oil rig, he boarded the M/V Brod for the trip to Cameron, Louisiana.
During the return trip, the vessel moved suddenly. James fell down a stairwell and injured his back. The accident happened after his work aboard the rig had ended, while he was being transported back to port.
Back surgery followed by nerve complications
James spent about a year seeing doctors and physical therapists before undergoing lower-back surgery. His medical problems continued after the operation.
He developed an infection after surgery and was later diagnosed with cauda equina syndrome, a serious condition affecting nerves in the lower spine. The case involved not only his initial back injury but also the disabling complications that followed.
Claims against the employer and vessel interests
VB Attorneys filed a Jones Act lawsuit against Aramark, alleging that it had failed to provide James with a safe place to work. The firm also brought general maritime claims against Rowan Companies, which owned the rig, and the owner of the M/V Brod.
The defendants disputed both responsibility for the accident and the cause of James’s medical problems. They argued that his back condition was degenerative, that James was at fault for the fall and that medical providers were responsible for his later nerve damage.
Those defenses put the circumstances of the stairwell fall, James’s medical history and the complications after surgery at issue in the same case.
Why the claim included complications after surgery
James’s fall led to back surgery. An infection after the operation made his condition worse, and doctors later diagnosed cauda equina syndrome. Brian Beckcom pursued a recovery that addressed both the original injury and the disabling complications that followed treatment.
A negligent employer cannot necessarily avoid responsibility by blaming the medical treatment its employee needed because of the original injury. Under the Jones Act, liability can extend to additional harm caused by treatment reasonably required for that injury—even when the treatment itself was negligent. The Fifth Circuit recognized that principle in Kansas City Southern Railway Co. v. Justis, a railroad injury case; the Eighth Circuit applied it directly to a seaman’s surgical complications in Alholm v. American Steamship Co.
The connection still matters: the employer must be legally responsible for the original injury, and the additional harm must arise from treatment for that injury. In James’s case, the defendants disputed that connection. Brian addressed those defenses as part of the claim that ultimately resolved for $1,495,000.
A $1,495,000 settlement after two mediations
The case went to mediation twice. Aramark settled first, followed by Rowan and the crewboat owner two weeks later. The combined settlement totaled $1,495,000.
The recovery addressed future medical expenses and the effects of his injuries, including pain, mental anguish, disfigurement and loss of enjoyment of life.
Questions about the case
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