June 20, 2022 zacherlaw 0 Comments

Following a 2019 Legionnaires’ disease outbreak that infected 16 people, a newly released report by New Brunswick Public Health says Organigram, the company whose cooling towers were linked to the outbreak, did not regularly clean their cooling towers. The 60-page document states that the company’s facility had two new cooling towers in 2019 that didn’t have a chemical treatment system activated. Further, regular cleanings and disinfecting were not scheduled and there was no documented water safety or maintenance plan. The report further states that 16 confirmed Legionnaires’ disease cases were reported between July 15 and August 27, 2019. Of those…

April 17, 2022 zacherlaw 0 Comments

In addition to two already confirmed cases of Legionnaires’ disease from guests staying at the Hilton Grand Vacations in Waikiki, the Hawaii Department of Health is now investigating an additional case. The guest was diagnosed with Legionnaires’ disease on April 2. They stayed at the Grand Islander from March 18 to 25. The first case was diagnosed in June 2021 and the second case on March 6 or 7, 2022. Water samples collected in March indicated a potential for legionella growth within the building’s potable water system. Most healthy people exposed to the bacteria do not develop Legionnaires’ disease. However,…

April 10, 2022 zacherlaw 0 Comments

On March 11, the Illinois Department of Corrections (IDOC) and the Illinois Department of Public Health released a joint press release announcing that Legionella bacteria had been detected in two Illinois prisons-Stateville Correctional Center and Joliet Treatment Center. However, an IDOC spokesperson has now confirmed that the actual number of prisons with confirmed Legionella in the water supply is five. Legionella was also found in Graham Correctional Center, Kewanee Life Skills Re-Entry Center, and Stateville Northern Reception and Classification Center.  Legionella is the bacteria that causes Legionnaires’ disease, a potentially fatal type of pneumonia. Legionella bacteria primarily moves from water…

September 8, 2021 zacherlaw 0 Comments

Cruise ship passengers have more to worry about than COVID-19 on cruise ships. Carnival Cruise lines recently sent a letter that informed their guests that two cases of Legionnaires disease occurred among passengers. The two cases occurred in July and August 2021. Carnival Cruise Line is working with the CDC to investigate this potential outbreak. The ship had not been used since March of last year. Stagnant water increases the risk of Legionella transmission as it creates favorable conditions for Legionella growth. The cruise line has begun substantial mitigation measures on board the ship in question. This includes testing all…

November 5, 2018 zacherlaw 0 Comments

Every case involving Legionnaires’ disease that this office has been involved in has always had the defense attorney arguing that the bacteria causing Legionnaires’ disease is ubiquitous (found everywhere). By this the defense attorneys mean that because the bacteria legionella can be found naturally in nature, their clients should not be liable to pay money damages to my clients. What the defense attorneys don’t tell you is that although legionella bacteria may be found in water everywhere, it only causes disease such as Legionnaire’s disease when the property owner does not properly maintain the water system. Failure to properly maintain…

October 23, 2018 zacherlaw 0 Comments

This office has handled many cases of Legionnaires’ disease acquired from a spa, hot tub or Jacuzzi. The recent outbreak in Hampton, New Hampshire is a case in point. One possible source of this outbreak is in the indoor spa at the Sands Resort in Hampton. The reasons a spa may be a source is due to the nature of the system supplying water to the spa. The system itself is called a closed loop system. This means that the water supplying the spa, hot tub or Jacuzzi is in a continuous loop closed off from other water systems in…

October 17, 2018 zacherlaw 0 Comments

As promised, this blog will cover US legislative attempts to control the bacteria legionella that causes Legionnaires’ disease. While many states have requirements as to the amount of residual chlorine that must be present in spas, no state has legislation to curtail legionella in cooling towers than New York. Unfortunately, the New York legislation does not cover the potable water system (showers, faucets, holding tanks, etc.) in a building, or any water feature such as a lobby fountain. This is completely different from the approach taken in the UK as explained in an earlier blog, which is national in nature…

October 9, 2018 zacherlaw 0 Comments

As mentioned in a previous blog, the United Kingdom takes a very different approach to controlling Legionnaires’ disease. Unlike the United States, the UK has a national law, the Health and Safety Act of 1974 as amended, whereby owners of premises can be criminally prosecuted if in violation of the Act. The Act requires a regular risk assessment to identify any areas in a building such as a hotel that has or could develop the legionella bacteria. Outbreaks of Legionnaires’ disease result in a full investigation as well as a possible criminal prosecution. Greater detail will be provided about the…

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…