This office has had numerous inquiries regarding persons contracting Legionnaires’ disease. Often times the person does not know where they acquired the disease. Unfortunately, many times the person acquired the disease from a cooling tower. The cooling tower need not be in the vicinity of the person who acquired the disease, or even have been identified by health authorities. Consequently, the person may not know that a cooling tower has caused him or her to get sick. These cases are considered sporadic in nature. On the other hand, when a cooling tower has been identified as the source, as in…
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’…
Without giving away too much about how I try a case, my firm’s focus has always been about the behavior of the party where my client contracted Legionnaires’ disease. All too often Judges and defense attorneys focus on the extent of the damages, i.e. how long the client was in the hospital and whether the client is still suffering from any residue from contracting the disease. This is a false emphasis and only one part of the equation as to how much the jury verdict should be. Rather, evidence such as a hotel where the client stayed not having a…
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…
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…
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…
The Southern Nevada Health District has launched an investigation into two reported cases of Legionnaire’s Disease connected to Harrah’s Laughlin Hotel and Casino. The affected guests stayed at the hotel in November 2017 and March 2018. The normal incubation period for Legionnaire’s Disease is 2 to 10 days after exposure. The Health District is urging any guests who stayed at the hotel and exhibited symptoms of Legionnaire’s Disease as early as October 2017 to report their illness via survey at www.snhd.info/survey2018. The Health Department conducted testing of Harrah’s at Laughlin confirming the presence of Legionella in various water samples collected…
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…
About a month ago, Transparency Market Research estimated that the global legionella testing market was valued at US$180 million in 2016. In addition, Transparency Market Research also estimated that the testing market would reach around US$398.7 million by 2025. Perhaps one of the biggest factors for future growth moving forward is that the incidence rate is increasing globally, particularly in developing regions. With this higher incidence of infectious diseases comes a steady increase in the demand for diagnostic kits and with it the global legionella testing market is expected to substantially grow. As it stands now, the incidence rate of…
Assessing plumbing systems can sometime feel like a task which you are going to be inherently blind in. After all, regular testing is important however pinpointing the exact location of clusters can often be difficult. Luckily, there appears to be a new model which may help public health authorities assess water quality. According to one of the co-authors and civil and environmental engineering professor Wen-Tso Liu, “(P)revious studies have relied on reproducing the conditions of a stagnant plumbing system within a lab setting,” however for this study, the team was “able to collect samples in a real-life situation.” The team collected…