Legionnaires Disease Lawsuit | 2025 Latest Updates

Schmidt & Clark, LLP, is now investigating lawsuits on behalf of people who developed Legionnaires’ disease after staying in a hospital, hotel, or long-term healthcare facility.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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If you or a loved one experienced pneumonia-like symptoms, respiratory complications, or were diagnosed with Legionnaires’ disease following a stay at a hospital, hotel, or long-term healthcare facility, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to Legionnaires’ disease outbreaks. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.

Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

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Update: Warning Issued Over Legionella Risk from Swimming in Warm, Stagnant Lakes

Swimming in lakes with stagnant water can pose a health risk due to potential exposure to Legionella bacteria, which thrive in warm, still freshwater environments, according to a study published in the Canadian Medical Association Journal [3.]. Inhaling aerosolized water droplets containing these bacteria can lead to Legionnaires’ disease, a severe form of pneumonia.

Individuals over 40, smokers, and those with weakened immune systems are particularly susceptible. Symptoms include fever, cough, muscle aches, and shortness of breath, typically appearing 2–10 days after exposure.

Prompt medical attention is crucial, as early treatment with antibiotics can significantly improve outcomes. To reduce risk, avoid swimming in warm, stagnant lakes, especially during late summer and early fall when Legionella proliferation is more likely.

Rady Children’s Hospital in San Diego Responds to Legionella Detection in ICU

Rady Children’s Hospital in San Diego recently performed a full disinfection of its water system after a patient in the Intensive Care Unit (ICU) tested positive for Legionnaires’ disease. The discovery came during routine surveillance testing in high-risk areas of the hospital [2.].

According to a statement released to CBS affiliate KFMB-TV, the hospital identified low levels of Legionella bacteria in the water supply of the patient’s room following the positive diagnosis. “Routine testing in the ICU revealed a positive case, which led us to test the room’s water system. The results showed minimal contamination,” hospital officials explained.

To mitigate any risk, the hospital carried out an overnight sanitation procedure on March 30. Water system operations were restored to standard levels by the following morning. Hospital administrators emphasized that ongoing monitoring of water quality is a regular part of their safety protocols.

“All recent water samples have tested negative for Legionella,” Rady Children’s stated. “This bacterium is naturally occurring in water environments and generally does not pose a threat to individuals in good health.”

Legionnaires’ disease is a severe form of pneumonia caused by inhaling water droplets contaminated with Legionella bacteria. Although the illness is uncommon in healthy individuals, people with weakened immune systems or underlying health conditions face a significantly higher risk. The Centers for Disease Control and Prevention (CDC) estimates that around 10% of patients who develop Legionnaires’ disease may die due to complications.

As of now, no additional cases have been reported at the facility. Rady Children’s has reaffirmed its commitment to patient safety and continues to take precautionary measures to prevent future incidents.

Legionnaires Disease Lawsuit Overview

Legionnaires’ disease lawsuits involve claims against facility owners and operators who failed to properly maintain water systems, leading to Legionella bacteria growth. Plaintiffs allege negligence in preventing and controlling Legionella contamination in building water systems. According to CDC reports, between 5 and 30% of those who contract Legionnaires die from the disease. Cases have significantly increased in recent years, with a 450% rise in reported incidents since 2002.

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Latest Legionnaires Disease Lawsuit Updates

February 26, 2024 – The family of David Palmer filed a $3.25 million lawsuit against the City of Orillia and two contractors, alleging negligence leading to Palmer’s death from Legionnaires’ disease in 2022. The claim asserts that his fatal illness was linked to a legionella outbreak at the nearby Rotary Place arena [1].​

November 22, 2022 – The South Carolina Department of Health and Environmental Control (DHEC) began investigating a cluster of 13 Legionnaires’ disease cases in Darlington County, with efforts to identify the source ongoing but no specific out-of-state testing facility confirmed.

January 24, 2022 – One person died from complications of Legionnaires disease at Brookdale Senior Living in Vernon Hills, Illinois, with at least 3 confirmed cases at the facility.

FDA Reports and Statistics

According to CDC analysis of 2,809 confirmed Legionnaires’ disease cases from 21 jurisdictions in 2015:

  • 553 cases definitely or possibly occurred in healthcare facilities
  • At least 66 patients died from healthcare-acquired Legionnaires’ disease
  • Cases of Legionnaires’ disease increased approximately 667% from 2002 to 2018
  • In 2018, a record high of 9,890 people were diagnosed with Legionnaires’ disease
  • Between 5-30% of those who contract Legionnaires’ disease die from the condition

Legionnaires Disease Injuries & Side Effects

Legionnaires’ disease causes severe respiratory complications and can lead to life-threatening conditions, particularly in vulnerable populations.

  • Pneumonia: Severe lung inflammation requiring hospitalization, often in intensive care
  • Respiratory Failure: Difficulty breathing requiring oxygen support or mechanical ventilation
  • Septic Shock: Life-threatening complication causing dangerous drop in blood pressure
  • Kidney Failure: Impaired kidney function often requiring dialysis
  • Death: Fatal in 5-30% of cases, with higher mortality in healthcare settings

Do You Qualify for a Legionnaires Disease Lawsuit?

You may qualify for a Legionnaires’ disease lawsuit if:

  • You stayed at a hospital, hotel, nursing home, or other facility with a documented Legionnaires’ outbreak
  • You were diagnosed with Legionnaires’ disease within 2-14 days after potential exposure
  • You required medical treatment or hospitalization for your symptoms
  • You can provide medical documentation confirming your Legionnaires’ diagnosis
  • The diagnosis occurred within the applicable statute of limitations for your state

Evidence Required for a Legionnaires Disease Lawsuit

  • Medical records confirming Legionnaires’ disease diagnosis
  • Documentation of your stay at the facility during the outbreak period
  • Evidence of the facility’s knowledge of or failure to address Legionella risks
  • Expert testimony linking your illness to the specific outbreak
  • Documentation of all related medical expenses and lost wages

Damages You Can Recover

  • Medical expenses for hospitalization, medications, and ongoing care
  • Lost wages and diminished earning capacity
  • Pain and suffering related to the illness
  • Emotional distress
  • Punitive damages in cases of gross negligence
  • Wrongful death damages for families of deceased victims

Legionnaires Disease Recall Information

While Legionnaires’ disease outbreaks don’t typically involve product recalls, facilities where outbreaks occur often implement emergency water system shutdowns and remediation:

  • Numerous hotels, hospitals, and nursing homes have temporarily closed to address Legionella contamination
  • Water systems are often shut down during investigation and remediation
  • The CDC provides guidelines for water management and remediation after outbreaks
  • Affected facilities are typically required by health authorities or best practices to demonstrate successful remediation before reopening

Statute of Limitations for Legionnaires Disease Lawsuits

The time limit for filing a Legionnaires’ disease lawsuit varies by state, typically ranging from 1-3 years from the date of diagnosis. Some states apply discovery rules, meaning the clock starts when you discover or should have discovered the connection between your illness and the negligent party.

FAQs

1. What is Legionnaires’ disease?

Legionnaires’ disease is a severe form of pneumonia caused by Legionella bacteria that spreads through inhalation of contaminated airborne water particles. The illness is severe, usually requiring hospitalization, often in an intensive care unit (ICU).

2. How is Legionnaires’ disease contracted?

Legionnaires’ disease is contracted by breathing in small water droplets containing Legionella bacteria from contaminated building water systems such as cooling towers, hot tubs, decorative fountains, shower heads, and large plumbing systems.

3. Who is most at risk for developing Legionnaires’ disease?

People at increased risk include those over 50 years old, current or former smokers, people with chronic lung disease, weakened immune systems, and those with underlying illnesses such as diabetes, kidney failure, or liver failure.

4. How quickly do symptoms appear after exposure?

Symptoms of Legionnaires’ disease typically appear 2-10 days after exposure to Legionella bacteria, though this incubation period can sometimes be longer.

5. What are the common symptoms of Legionnaires’ disease?

Common symptoms include high fever, chills, cough, shortness of breath, muscle aches, headaches, and sometimes gastrointestinal symptoms like nausea, vomiting, and diarrhea.

6. How is Legionnaires’ disease diagnosed?

Legionnaires’ disease is diagnosed through specific laboratory tests on sputum, urine, or blood that identify the Legionella bacteria or antigens produced by the body in response to the infection.

7. Who can be held liable for Legionnaires’ disease outbreaks?

Potentially liable parties include property owners, facility managers, maintenance companies, water system designers, and healthcare facilities that fail to implement proper water management programs to prevent Legionella growth.

8. What compensation might I receive from a Legionnaires’ lawsuit?

Compensation may include medical expenses, lost wages, pain and suffering, emotional distress, and in cases of death, funeral expenses and loss of companionship damages for surviving family members.

9. Is Legionnaires’ disease contagious?

No, Legionnaires’ disease is not contagious and does not spread from person to person. It is only contracted by inhaling water droplets containing the bacteria.

10. How long does a Legionnaires’ disease lawsuit typically take?

The timeline varies significantly depending on case complexity, evidence available, and whether it settles or goes to trial. Most cases resolve within 1-3 years, with many settling before trial.

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Time is limited to pursue legal action for Legionnaires’ disease cases. Most states only allow 1-3 years from the date of diagnosis to file a claim, after which you may lose your right to compensation.

Our firm offers:

  • Free, confidential consultations to evaluate your case
  • No upfront costs or fees to begin your claim
  • Payment only if we win your case
  • Experienced attorneys who have successfully handled Legionnaires’ disease cases

Don’t wait until it’s too late to seek justice and compensation for your suffering or the loss of a loved one.

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Reference:

[1]https://www.orilliamatters.com/local-news/city-facing-325m-lawsuit-over-deadly-2022-legionella-outbreak-8357077 

2. https://www.beckershospitalreview.com/infection-control/california-childrens-hospital-confirms-legionnaires-case/#:~:text=Rady%20Children’s%20Hospital%2DSan%20Diego,and%20other%20high%2Drisk%20settings

3. https://www.msn.com/en-us/health/other/swimming-in-some-lakes-can-lead-to-infection-with-legionella-warn-scientists/ar-AA1zfTwa

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