If you have been diagnosed with Legionnaires’ disease, a form of pneumonia, your illness was preventable and you deserve compensation.
Legionnaires disease (LD) lawsuit settlement amounts are based on several factors, including the following:
- Whether the victim survives. When LD is fatal, which it often is, the family has a wrongful death claim against the legally responsible parties.
- Whether the source of the contamination has been determined. This illness is a severe form of pneumonia caused by inhaling Legionella bacterium in mist. To find the source, water samples from locations visited by the victim(s) prior to illness are tested. If a source of the infection is not found, there is no one to sue, and thus no settlement. If a source is found, the amount of the settlement will be affected by the insurance coverage of those responsible and other financial considerations.
- The severity of the Legionella pneumonia. This is obvious, but the severity of the illness, its short and long-term affects on the victim, is the primary compensation factor. Most cases have some permanent complications, and a compensation package should take this into account. Complications can include respiratory distress, heart problems, kidney damage and other injuries.
- The age and occupation of the victim. Compensation computations for settlement negotiations factor in the age, occupation, education, hobbies, etc. of the victim.
What if I Have a Wrongful Death Claim?
When a person does not survive this severe pneumonia, the family may have a wrongful death claim and have the right to sue for compensation if:
- the building with the contaminated water source is found or
- the person who died was only at one location (hospital, nursing home, etc.) for the week prior to onset of illness.
In addition to our many other cases, our lawyers recently settled a wrongful death case against the owner of a national hotel chain. A few days after our client and his wife had visited the hotel, she began to get sick. It was soon clear that she had pneumonia and was fighting for her life. Sadly, she lost the battle. Her husband hired attorneys Fred Pritzker and Eric Hageman to help him. They found out that the hotel had been notified its water system was contaminated with Legionella bacteria (the pathogen that causes Legionnaires’), but had done nothing about it. Fred and Eric helped the client get a multimillion-dollar settlement, thereby holding the owners accountable for our client’s tragic loss of his spouse.
What Compensation Can I Get for a Personal Injury Claim?
If a patient survives, that person has a personal injury claim. This means he or she can sue for medical expenses, lost income and pain and suffering compensation.
Our lawyers won a settlement for a woman who suffered Legionnaires’ pneumonia after staying at a resort during a conference. She was one of 3 people to get sick in the outbreak.
Our client arrived at the resort on a Wednesday and stayed in a room with a deep bathtub with a shower. During her stay, she used the shower three times.
She went to work a few days later, but did not feel well, suffering from chills and muscle aches. A few days after that, feeling worse and with a 101.9° F temperature, she went to the doctor. She was diagnosed with LD. She was in acute respiratory distress and extremely dehydrated. She was hospitalized for 6 days.
What if I Get Sick from My Place of Work
If your illness was caused by contaminated water in a building that was not owned by your employer, you may have a personal injury claim against the owner of that building. This is important because workers’ compensation does not provide money for pain and suffering. For example, you are an accountant working for Corporation X. You develop severe pneumonia that is diagnosed as LD. Health officials find Legionella bacteria in the cooling tower of the building where you work. The building is owned by Corporation Y, not Corporation X. This bacteria is tested, as is the bacterium found in your body, and they are a genetic match (yes, bacteria have DNA). You will most likely have a lawsuit against the owner of the building.
Contact our Legionnaires’ disease lawyers about a lawsuit against a hotel, hospital, cruise liner or other company. Click here for a free case evaluation. Our experience is that these tragic illnesses are preventable and that business responsible for the contaminated water should be held accountable.
In all of our cases, the owner of a building allowed Legionella pneumophila bacteria to grow in water:
- in a cooling tower on the top of the building
- in the water system in general
- in a decorative fountain
- in a pool or hot tub.
If the problem is a contaminated cooling tower, water mist containing Legionella can travel a mile from the building, meaning anyone breathing in that mist within that mile radius could get fatally sick.
L.A. Fitness Locations if Florida Associated with 7 Illnesses
Florida had a surge of confirmed cases of LD in the first half of 2017. Of the 100-plus cases, seven of them have been associated with three L.A. Fitness locations in the Orlando area. The focus of the investigation is on the spa and pool areas, which can be a breeding ground for Legionella, particularly the spa, where the water is good temperature for these germs, and they quickly multiply.
Seton Square East Complex in Ohio
Five people who live at the Seton Square East Complex in Reynoldsburg, Ohio, were diagnosed with LD. This outbreak started in 2016, and health officials started the investigation in January 2017. This is a living facility for the elderly.
NorthPointe Health Centre in Fresno County, California
One person who lived at the NorthPointe Health Centre in Fresno, California died in January of 2017 after contracting LD pneumonia. County health officials started the investigation into the death on January 23. With only one person confirmed, this is not an outbreak.
Lawsuit Filed against Citrus Systems in Minnesota
Our law firm filed a lawsuit against a company called Citrus Systems, the owner of a building connected to an outbreak in Hopkins, Minnesota. Our client contracted LD in August of 2016. We are also representing several other people and the family of a person who died.