March 15, 2021 zacherlaw 0 Comments

Growing hot tub sales could prove to be problematic. Most often, hot tub manufacturers and installers do not warn those buying hot tubs of the possibility that their hot tub could infect them with Legionnaires disease. The COVID-19 pandemic has led to most of the country spending more time at home than ever before. Subsequently, this has led to a huge increase in the sale of hot tubs for residential use.  Hot tubs can be beneficial. They are proven to reduce muscle pain and stress levels. However, the growing number of hot tub owners could prove to be dangerous. Hot…

November 12, 2020 zacherlaw 0 Comments

Like some of our prior posts, this post highlights a past client’s case. We have previously highlighted cases focusing specifically on hot tubs and cooling towers. This post highlights the potential sources of exposure that exist in hotel and resort settings. In June 2019, our client contracted Legionnaires’ Disease following a stay at an out-of-state hotel. Within days of his visit, he began suffering from symptoms and eventually died as a result of the disease. Generally, sources of exposure at hotels are many, as legionella bacteria can grow and become aerosolized through a number of different sources where water is…

November 4, 2020 zacherlaw 0 Comments

Thankfully, there have been no outbreaks of Legionnaires’ Disease since we covered the cases in Tazewell and Sheboygan counties. So we thought it helpful to highlight some of our past, common scenarios where previous clients of ours have contracted the disease. In our first case, the clients contracted Legionnaires’ Disease on vacation at the defendant’s lake home she was renting. Specifically, three family members inhaled contaminated water emanating from a hot tub on the property. Two fell seriously ill and one family member died as a result of the disease. This case was particularly tricky as Legionella testing was never…

October 12, 2018 zacherlaw 0 Comments

There is no national legislation controlling the propagation of the legionella bacteria in buildings, cooling towers, or jacuzzis in the United States. In fact, there is only one state, New York, that has any statewide legislation to control legionella growth in the state’s cooling towers. Various states have levels of residual chlorine that must be in spas. This haphazard and inadequate approach is very different from that taken by the United Kingdom as indicated in a previous blog. It is time therefore, for Congress to address a national problem and enact national legislation to control the increasing incidence of Legionnaires’…

October 4, 2018 zacherlaw 0 Comments

The owner of the Hampton Sands  Resort has stated there is no reason for signs warning of Legionnaires’ disease at the hotel to remain after recent sampling by a contractor  for the presence of the legionella bacteria hired by the hotel have proven negative. The New Hampshire Department of Health has denied this request as of Tuesday and required more sampling for the presence of legionella because additional sampling by the hotel owner which resulted in negative results did not meet the health department’s requirements. The health department stated the samples done by the hotel’s contractor came in portions smaller…

September 7, 2018 zacherlaw 0 Comments

Three important pieces of evidence have been revealed through the media so far about the outbreak at the Sands Resort. The owner did not have a permit for the spa, there was legionella bacteria in numerous places through out the hotel and not just the spa, and numerous people who have been associated with the hotel who have contracted the disease.  These facts are important for the following reasons. Permits are issued to make sure the spa holder complies with all regulatory requirements, e.g. the amount of chlorine in the spa. Finding legionella in two different water systems within the…

September 4, 2018 zacherlaw 0 Comments

  Jules Zacher has been retained by two persons who contend they have contracted Legionnaires disease at the Sands Resort in Hampton New Hampshire. An Order issued by the New Hampshire Department of Health and Human Services indicates that the bacteria that causes the disease has been found in a hot tub, water heater, outdoor shower hose,  and shower heads or sinks. The state Department of health has ordered the Sands Resort to notify all guests of the outbreak and to hire a consultant to remediate. Testing by the CDC  indicates the  legionella bacteria was found in shower heads or…

April 9, 2018 zacherlaw 0 Comments

In a previous post, we discussed an introduction to water system maintenance. More detailed resources, however, can clearly be of great assistance in situations like this. As such, the CDC actually provides a great page to review other significant guidelines and standards that may be applicable. Resources on the page include everything from ASHRAE to the Cooling Tower Institute however what’s also of interest is that the page provides links to more healthcare-specific guidelines including those from the Centers for Medicare and Medicaid Services as well as, of course, the CDC’s own guidelines on both matters. Here are some of…

February 28, 2018 zacherlaw 0 Comments

Due to a Legionnaires’ disease outbreak at the Island Walk gated community at the West Villages development in North Port last Friday, the Sarasota County Health Department will be testing the pool as well as the spa area of the facilities. The environmental health director for the Sarasota County Health Department Tom Higginbotham said the test kits had arrived on Tuesday and that the water from the hot tub along with both pools would be tested. Mr. Higginbotham also mentioned that the health department’s investigation should take around two days and that while the spa and two pools are the focus of the investigation,…

February 22, 2018 zacherlaw 0 Comments

Over the course of this blog, many subjects have been covered however perhaps as a reminder and as a step back, it is prudent to review exactly how individuals contract Legionnaires’ disease. As mentioned before, Legionnaires’ disease is often contracted by breathing in aerosolized water (and in some cases, soil) that has Legionella bacteria. As such, Legionnaires’ disease cannot be given from one individual to another. The Legionella bacteria grows the best in warm temperatures so can often thrive in locations like cooling towers, evaporative condensers, and hot water tanks. The Legionella pneumophila causes around 90% of all Legionnaires’ disease cases and can survive…