Harlem, New York — Victims of a severe Legionnaires’ disease outbreak in Harlem plan to pursue legal action against the city for allegedly allowing bacteria to harbor in municipal cooling towers. This decision was announced on Wednesday during a press conference led by civil rights attorney Ben Crump and the Rev. Al Sharpton.
Two construction workers have already filed notices of claim, signaling their intent to sue, stating they contracted the illness due to inadequate safety measures from both the city and their employers. “This isn’t a natural disaster,” Crump emphasized during the announcement, stressing that the outbreak, which has resulted in five fatalities and over 100 illnesses, could have been avoided.
The construction workers, Duane Headley and Nunzio Quinto, claim their workplaces failed to adequately protect them amid rising concerns about Legionnaires’ disease. They allege that rainwater from storms in July went untreated in cooling towers, leading to conditions ripe for the outbreak, especially at Harlem Hospital, where a cooling tower was among 12 tested positive for Legionella bacteria.
According to officials from the Department of Health, Legionella was found in cooling towers across four city properties. While legal action against the city requires a waiting period after filing a notice of claim, upcoming lawsuits are expected to build on the cases submitted by Headley and Quinto, who worked for Skanska USA Building and Rising Sun Construction, respectively.
Quinto, who displayed signs of his treatment, voiced his frustration at the lack of communication regarding his illness among colleagues. “I can’t have a safe place to work? This is New York City,” he lamented, questioning the safety measures in place in the bustling metropolis.
Skanska is the principal contractor for a new public health laboratory being constructed nearby, as well as for various projects at Harlem Hospital, where Rising Sun Construction is also involved. The facilities had been under construction this summer, although specific details about the nature of work being done remain unclear.
Attorney Jared Scotto, part of the legal team, remarked that the construction firms should have known about the risks associated with Legionnaires’ disease in the hot summer months. “They were on notice that Legionella bacteria contamination was a possibility,” he said, referring to advisories issued earlier in July.
Responses from the construction companies were not available at the time of reporting. Don Weiss, a former director at the Department of Health who once oversaw a similar outbreak in The Bronx, expressed concern over the high number of city buildings testing positive for Legionella. “The city should hold itself to a higher standard,” he stated.
An investigation into the outbreak is currently underway, as public health officials seek to pinpoint the exact source of the bacteria. A Department of Health spokesperson noted that molecular tests are being conducted to identify the specific cooling towers involved.
NYC Health + Hospitals rebutted claims in the lawsuit, stating that it maintains robust safety protocols for cooling tower inspections, claiming to inspect them daily and test for Legionella weekly, far exceeding the city’s standards.
Sharpton, in his remarks, criticized the lack of accountability in addressing the outbreak, emphasizing the need for action. “It is frightening to us that there hasn’t been accountability in this situation. So, we make this move to begin the process of accountability,” he remarked.
This ongoing situation reveals the complex challenges cities face regarding public health and the potential ramifications for negligence in maintaining infrastructure.
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