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…
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…
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…
A second cluster of Washington Heights residents have been hospitalized because of Legionnaires’ disease. The prior outbreak in the same geographic area in July of this year resulted in numerous persons being hospitalized and one person dying. The New York City Health Department has implicated a cooling tower at the Sugar Hill Project as the source of the second outbreak. The department has directed the Sugar Hill Project to disinfect its cooling tower for the second time. This second direction by the health department points up a major weakness in the current legislative scheme. Many of the cooling towers that…
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…