Our Legionnaires’s disease lawyers have collected millions of dollars on behalf of individuals and the families of people killed by this severe form of pneumonia, caused by exposure to Legionella bacteria. These bacteria survive and multiply if building water systems are improperly designed or if they are not cleaned and sanitized as required by law and appropriate safety standards.
Our law firm is one of the few in the country that helps clients win cases against hotels, hospitals, office building and warehouse owners, landlords and others. You can contact our law firm at 1-888-377-8900 for information about a lawsuit. Attorneys Fred Pritzker, Eric Hageman and Brendan Flaherty are our lead lawyers for these cases. You can ask for them by name.
Below is the process we follow in evaluating LD claims.2
The first step involves confirmation that the patient has pneumonia. This diagnosis is usually made on the basis of radiographic evidence (chest x-rays and/or CT scans) along with blood work demonstrating the presence of infection.
Because LD is a form of pneumonia, and pneumonia is caused by bacteria, doctors need to identify which type of bacteria is present in the patient’s body. This is accomplished by laboratory testing of the patient’s urine, blood, respiratory secretions, lung tissue, pleural fluid, or other normally sterile fluid. If Legionella organisms are identified, then and only then, are physicians able to diagnose LD.
The most commonly used laboratory test for diagnosis is the urinary antigen test, which detects a part of the bacteria in urine. If the patient has pneumonia and the test is positive, then the patient is considered to have Legionnaires’ disease. Please note that the urinary antigen test only determines if the person was sickened by L. pneumophila serogroup 1 (Lp1).
If the Legionella bacteria are cultured (isolated and grown on special media) from sputum (phlegm), a lung biopsy specimen, or various other sites, the diagnosis is also considered confirmed.
Paired sera (blood specimens) that show a four-fold increase in antibody levels when drawn shortly after illness and several weeks following recovery, can also be used to confirm the diagnosis.
Once we know what you have (LD), the next step is to identify where you were exposed to the bacteria. This involves figuring out where you were immediately prior to the 2-18 day incubation period. That’s because, as discussed above, we know it takes that long to develop symptoms after exposure.
When there is an exposure, it usually (but not always) affects more than one person. Thus, we need to find out if your case is part of an outbreak, which occurs when two or more people become ill in the same place at about the same time.
If, in addition to you, there are other people sickened with LD who were at the same place you were prior to the 2-18 day incubation period, that’s usually strong evidence of an outbreak of which you were likely a part.
A person who is part of an outbreak is considered a “case patient.”
Typical outbreaks involve three types of case patients: confirmed cases, suspect cases and Pontiac Fever cases. The following definitions are from a 2012 outbreak at a Chicago hotel in which a client sustained serious injury:
Confirmed Case: A person who stayed at or visited the hotel with onset of illness between two and fourteen days of exposure to the hotel, AND with radiographically- or autopsy- confirmed pneumonia AND with laboratory evidence* of Legionella infection, which includes at least one of the following:
- Isolation through culture of any Legionella organism from respiratory secretions, lung tissue, pleural fluid, or other normally sterile fluid;
- Detection of L. pneumophila serogroup 1 (Lp1) antigen in urine
Seroconversion, specifically a four-fold or greater rise in specific antibody titer to Lp1 between acute and convalescent titers;
- Detection of Lp1 by molucular testing (e.g. Polymerase Chain Reaction (PCR)) in repiratory secretions.
Suspect LD Case: A person who stayed at or visited the hotel with onset of illness between two and fourteen days of exposure to the hotel who had pneumonia confirmed by radiographic report or by clinical diagnosis but without laboratory confirmation of infection.
It is also possible to bring a claim in the absence of an outbreak if there is strong evidence that exposure occurred at a particular location and other possible sources can be ruled out. For example, our law firm represented the family of a woman who died from LD. There were no other cases at the same time and in the same general area. However, it was beyond question that during the majority of the time immediately prior to and during the person’s incubation period, she was in a local hospital. Further analysis of water features in the hospital showed the presence of Legionella bacteria. This allowed us to successfully resolve the case on behalf of the decedent’s family.
Isolation of Legionella bacteria from the patient’s body requires doctors and hospitals to report that finding to the applicable local or state health department. The health department is then supposed to conduct an investigation to determine the cause and scope of the event (unfortunately, this does not always happen).
Part of this process is an epidemiologic investigation. This involves generating hypotheses about possible sources of exposure and then questioning people who may have been exposed to or sickened by that source. Statistical analysis of the data generated by the answers to the question helps to identify the characteristics of the outbreak patients and, importantly, the specific source of the bacteria (e.g. a particular fountain within a hotel).
Once the likely source of the bacteria has been identified, investigators take samples of water from the feature or system and test it for the presence of the bacteria.
Investigators also examine the records the facility is supposed to keep regarding maintenance, water quality, cleaning and disinfection. Oftentimes, the environmental investigation reveals a lack of appropriate cleaning and disinfection which resulted in failure to eradicate the bacteria. A finding of Legionella bacteria in the sampled water system or feature and identification that preventive measures were not taken or performed incorrectly, is convincing proof that the owner of the facility was at fault.
It is preferable (but not always possible) to isolate and compare portions of genes from Legionella bacteria to see if they match. A genetic match obtained from case patients and from suspected water sources ties all of the outbreak patients to that common source and confirms the existence of an outbreak. In lay terms, this means that the bacteria found in patients and the water source to which they were exposed share the same genetic fingerprint – proof positive that it came from the same source. The technical term for this process is “sequence-based epidemiological typing of L. pneumophila.”
Every case and every outbreak is different. It’s not always possible (or even necessary) to obtain all of the data mentioned above to successfully resolve a case on behalf of a person harmed or killed by LD. It is important, however, that you consult a lawyer with experience and a reputation for success in handling LD cases.
Author: Attorney Fred Pritzker represents clients with personal injury and wrongful death claims nationwide. He has won millions for his clients, including a recent $3,000,000.00 settlement for Legionnaire’s Disease from a Hotel. You can call 1-888-377-8900 (toll free) or use our free consultation form to contact Fred for your free consultation regarding a Legionnaires disease lawsuit. Read client testimonials.
The video below is a good overview.
Legionnaires’ disease (LD) is a severe and sometimes fatal form of pneumonia caused by Legionella bacteria. LD and Pontiac Fever (a less severe infection caused by the same type of bacteria) may also be called “legionellosis.”
Legionella bacteria are found naturally in the environment, usually in water. The bacteria grow best in warm water and may be found in hot tubs, cooling towers, hot water tanks, building plumbing systems, decorative fountains, etc.
People get LD when they breathe in a mist or vapor containing the bacteria. For example, a person in or near a hot tub that was not been properly cleaned and disinfected who breathes in tiny droplets of water in the air may become infected.
The time period from exposure to the bacteria to the onset of symptoms is usually 2-14 days. This is called the “incubation period” – the time it takes for the bacteria to invade the lungs and produce symptoms of illness that may include cough, shortness of breath, high fever, muscle aches and headaches.
Many people, but especially those older than 50, current or former smokers, people with chronic lung disease and people with a weak immune system, require hospitalization. 5-30% of LD patients die. Children, including newborn infants, can contract LD.1
Given the often serious harms and losses resulting from LD, it’s no wonder that people seek out our law firm to determine if they have a case.
Legionnaires’ disease, also referred to as Legionella pneumonia has several life-threatening complications, which include, but are not limited to, the following:
The Florida Department of Health is investigating three cases in Clermont associated with Summit Greens. FDH is focusing on the pool and spa areas.
Two L.A. Fitness locations in Orlando and one in Ocoee have been associated with 7 cases of illness. These people became ill from February through May of 2017.
Three people with who visited the L.A. Fitness in Ocoee, Florida, were diagnosed. The health department found that this location was the common exposure.
Five of the residents of Seton Square East, a complex for the elderly in Reynoldsburg, Ohio, were diagnosed over the course of a year, starting in April of 2016.
Attorneys Brendan Flaherty and Ryan Osterholm filed a lawsuit on behalf of our client who contracted LD in August of 2016. A separate claim for his wife for loss of consortium was part of the suit. Brendan and Ryan are representing over a dozen other people sickened in this outbreak. Attorney Eric Hageman is representing the family of a person who died.
There are currently 20 confirmed cases in an outbreak in Hopkins, Minnesota, that has been linked to cooling units on the Citrus Systems building in August of 2016. There is still time to file a lawsuit. These are not class action suits because each person was uniquely harmed.
Every case of severe pneumonia is not tested to see if it is LD. This means there may be hundreds of people a year who are not diagnosed. Our lawyers would like to see a stronger recommendation from the CDC that all cases of pneumonia from an unknown source be tested for detection of legionellosis. We also believe both a urinary antigen test AND a culture of respiratory secretion should be done to make sure there is an accurate diagnosis.
There have been cases of babies contracting this dangerous form of pneumonia from water birth pools used during delivery. You should discuss this with your health care professional if you are considering this kind of delivery.
Fred Pritzker and his team of Legionnaires’ disease lawyers help clients get compensation. We have represented clients in several states, and we are not paid unless you win.
Contact our law firm about a lawsuit. If your husband, wife, parent or other family member died, your family may have a wrongful death claim and have the right to sue for compensation and justice. We are on the current U.S. News & World Report list of “Best Law Firms.”
Below are some past outbreaks that were associated with staying at a hotel or motel.
Three cases were associated with staying at the Best Western motel in Hannibal, Missouri, in 2015. According to health officials, Hannibal’s Best Western on the River was the common link in the three confirmed LD cases, all of whom stayed at the hotel at different points over a period of eight months.
The Opera House Hotel cooling tower is the source of the outbreak in the Bronx in 2015, according to the New York City Department of Health and Mental Hygiene. Over 120 people were sickened, and twelve died.
The Florida Department of Health and the CDC associated an outbreak of LD with the Marriott SpringHill Suites Hotel in Altamonte Springs, Florida. The dates of concern were March 25 and April 24, 2015.
Another outbreak in 2015 was associated with the Super 8 motel in Lacey, Washington, according to Thurston County health officials. There were 3 confirmed cases and one suspected case.
In 2014, 2 people who stayed at Econo Lodge, 145th Street, Ocean City, Maryland, were sickened. Microbiological evidence pointed to the motel’s water system as the source of the outbreak, according to Worcester County health officials.
Two men filed a lawsuit in 2014 against Choice Hotels International, Inc., doing business as Sleep Inn & Suites in Millbrook. The lawsuit alleges that contaminated water at the motel caused the illnesses.
Yes, you can sue a hospital, including a VA medical center, for LD if the source of the illness was contaminated water at the facility. These are often large, complex buildings, and finding the source of the illnesses can be time consuming. You need experts to help you prove your case. You may also have a medical malpractice case if a doctor failed to diagnose and that led to severe illness or death.