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…
Another case of Legionnaires’ disease has occurred in Sioux Falls, South Dakota, bringing the total to 15 including one death since July 2018. All of the victims either lived or traveled in the city. The CDC has completed its environmental assessment by taking water samples from cooling towers and water features such as decorative fountains. Final results have not been released. What is interesting is the local health department’s comment that often a single source for the outbreak is not found. That is not the experience of this law firm. The most recent example is the outbreak associated with the…
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…
A recent outbreak of Legionnaires’ disease at the Guildford Town Centre mall in Surrey, British Columbia indicates that cooling towers at the mall may be the source of the disease. This firm has represented numerous persons who contracted the disease from a cooling tower at the Opera House Hotel in the Bronx, New York. The dynamics of a cooling tower outbreak are interesting. The cooling tower works by warm air coming from inside the building passing over cooler water in the tower. Unfortunately, biofilm builds up at the base of the tower which contains the legionella bacteria causing Legionnaires’ disease.…
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…
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…
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…
A Dallas senior living community was required to treat the water in two of their buildings after the country health department detected a case of Legionnaires’ disease. Mr Jeff Getek, Highland Spring Senior Living spokesman, has said that the retirement community was initially notified of the positive Legionnaires’ disease test by the Collin County Department of Health. In addition, Mr. Getek also added that this was an “isolated situation,” with no other residents at the Far North Dallas community having reported symptoms. One of the residential buildings where the resident with Legionnaires lives will have water restriction until the health…