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!N THE COUR`E' OF APPEALS OF THE STATE OF WASH|NGTON
ROYAE_ CARlBBEAN CRU|SES LTD.,
a Liberian Corporation,
NO. 76275»3»1
D|ViSlON ONE
Appefiant,
V.
)
)
)
)
)
l
SWEDiSH HEALTH SERVICES, a )
Washington Corporation d/b/a )
SWEDlSH NlEDiCAL CENTER; )
SEATTE_E RAD|OLOGESTS, a )
Professional Corporation; THE )
POLYCE_|N|C, a Protessionai )
Corporation; FREDERLCK A. iV|Al\El\E, )
lVl.D.; PEGGY D. HEADSTROM, M.D.; )
and K\’UNG Hl HAN, Ni.D., )
)
)
UNPUBL|SHED OPENION
Respondents. FiLED: October 22, 2018
ScHlNDLER, J. -- in 2009, Jacqueline Atmonte fiied a lawsuit against Royal
Caribbean Cruises Ltd. (RCCL). Almonte aileged RCCL provided inadequate medicai
care and asserted claims under federal maritime an for unseaworthiness negligence
under the Jones Act, 46 U.S.C. § 30104, and maintenance and cure. in 2014, RCCL
settled the lawsuit for $700,000. Almonte released ali claims against RCCE_ and
medical care providers in May 2015, RCCL filed an indemnity and contribution action
under federal maritime an and state law against Swedisn Health Services, the
Poiyclinic, Dr. Peggy Headstrom and Dr. Kyung Han, and Seattle Radiologists and Dr.
NO. 76275-3-|/2
Frederick Niann. We affirm summary judgment dismissal of the indemnity and
contribution iawsuit.
BACKGROUND AND PROCEDURAL i-iiSTORY
lVledica| Care
.iacqueline Alrnonte is a Dorninican Republic citizen in 2007, Almonte worked
as a crewmember aboard the Roya| Caribbean Cruises Ltd. (RCCL) cruise ship
Serenade of the Seas. ln Ju|y 2907, Airnonte saw the ship doctor for “severe abdominal
pain.” When the ship docked in Juneau, Alaska, the ship doctor referred Aimonte to
Vailey Medicai Care. On August 16, Vai|ey |Viedica| Care diagnosed Almonte with “an
acute peptic ulcer” and prescribed medication Ai‘ter Alrnonte returned to work aboard
the ship, her symptoms got worse. On Septernber i, a ship doctor examined Almonte
and found her “not fit for duty." RCCL case coordinator Tania Arroyo1 worked in the
crew medical department in N!iarni, Fiorida. Arroyo made arrangements for Airnonte to
leave the ship and go to the Sitka Cornmunity Hospital Emergency Department. The
hospitai admitted Almonte on Septeniber 3. Dr. Robert Hunter examined Aimonte and
ordered a CAT2 scan. According to Dr. Hunter, the CAT scan showed “Crohn's disease
with an inflammatory obstruction of the terminal ilium, fistu!as and free fiuid in the
pelvis.” Dr. Hunter treated Airnonte for Crohn’s disease and prescribed steroids. Dr.
Hunter discharged Aimonte on Septernber 9. in the discharge instiuctions, Dr. l-iunter
refers Aimorite to gastroenteroiogist Dr. Peggy Headstrorn at the Poiyciinic in Seattie
i Tania Arroyo subsequently changed her name to Tariia Rivera. For clarity, we refer to her as
Tania Arroyo throughout this opinion.
2 Computerized axial tomography.
NO. 76275-3-|/3
and directs Almonte to call the Poiyclinic on Septen'iber 10 to make an appointment
RCCL paid for Almonte to fiy to Seattle and stay in a hotel.
At the request of RCCL, on September 10, 2007, AXA Assistance USA taxed the
Sitka Community l-iospital discharge summary and a “ietter of Guarantee of Payment” to
the “Po|y Clinic --- Dr. Peggy Headstrorn.” The September 10 AXA “l_etter of
Confirmation of Benefits Nledical Services” confirmed coverage for A!monte and
reimbursement for reasonable charges as “approved by AXA Assistance USA.”
Your facility will be reimbursed reasonabie and customary charges as
determined by geographic location or by prearranged contractual
assignments for emergency treatment which is medically necessary and
approved by AXA Assistance USA. Coveraqe is subject to g|i terms.
conditions, limitations and exclusions of the patient’s policy.['°‘]
Dr. l-leadstrom examined Aimonte on Septernber 10. Dr. Headstrom notes:
The report l have from that {Sitka] hospitalization is not detailed
Apparentiy she did have a CAT scan that showed some ileal
abnormalities, and she was placed on prednisone and Asacol for the last
several days. i do not know the results of any other iaboratory testing.
Almonte was admitted to Swedish Nledical Center for diagnostic testing. Dr.
Headstrom ordered a “CAT scan with CT[“I enteropathy” and a coionoscopy. Dr.
Frederick i\!lann of Seattie Radiologists reviewed the CT scan and found it was
“[n]egative" for gastrointestinal disease On September 12, Polyclinic physician Dr.
Kyi,ing Han performed the colonoscopy. The results were “noimal.”
Swedish l\/ledical Center physician Dr. lVlari< Kohrnetschei discharged Almonte
on September ‘l3. `l`he discharge states the “CAT scan with CT enteropathy [ls]
essentially negative No evidence of that described frorn films done in Sitl