Two major construction contractors are in the crosshairs after a pair of lawsuits were filed alleging they were responsible for a deadly Legionnaires’ disease outbreak in Harlem, New York. Legionnaires’ disease is a form of pneumonia stemming from the Legionella bacteria that grows in warm water. The outbreak began in late July.
Workers File Lawsuits Against Contractors
According to CBS News, NBC News and other outlets, construction worker Nunzio Quinto filed a complaint against Skanska USA Building, and Duane Headley filed a suit against Rising Sun Construction. The workers claim that they were exposed to Legionella bacteria while working at various sites in Harlem, including the New York City Public Health Laboratory Building and the Harlem Hospital complex.
Attorney Ben Crump, along with lawfir Weitz & Luxenberg, who have been retained by construction workers doing work in Harlem, say that New York City health officials confirmed the disease was present in 12 cooling towers serving 10 buildings in central Harlem. Of the more than 100 diagnosed cases, more than a dozen have been hospitalized, and at least five people have died.
“It was completely preventable,” Crump told reporters during a press conference at the end of August. “When corporations cut corners, tragedies like this happen, preventable tragedies, unnecessary tragedies, people being hospitalized for days and weeks, having issues that cause them permanent damage.”
Left Untreated
Crump writes in a press release that the cooling towers at Harlem Hospital were believed to have been filled with rainwater after several large July storms. The water was left untreated, allowing bacteria to spread and causing workers at the site to become sick. NBC News reports that Headley’s lawsuit alleges that Rising Sun “created and permitted a defective, dangerous and/or hazardous condition” where he was working. He survived the incident but is still hospitalized. Quinto says he, too, was hospitalized after being exposed.
“[I had] no energy, not able to do anything,” he explained during a press conference. “I’m finally starting to get up and walk around a little bit now and do basic things. … I want answers as to what’s going on. I can’t have a safe place to work? This is New York City.”
NBC News writes that, according to court documents, Quinto claims Skanska USA Building breached its duty to “timely remediate the Legionella colonization of the water distribution and/or cooling systems.”
Skanska USA Building Responds
In a statement, Skanska USA Building officials tell CBS News that “While we can’t comment on pending litigation, Skanska has fully cooperated with the New York City Department of Health and Mental Hygiene to facilitate the inspection and disinfection of the cooling tower at the building currently under construction at 40 West 137th Street, which will be the future home of the Public Health Lab. We will continue to implement all necessary mitigation and communication procedures to ensure the safety of our workers and the surrounding public.”
CBS News reports that Quinto and Headley seek damages for medical costs, lost wages and pain and suffering.