Legionnaires’ Lawyer Ray Trueblood-Konz Calls on Building Operators to Implement Water Management Plans to Safeguard Public Health

Preventing Legionnaires’ Disease: The Importance of Water Management Plans

Every Legionnaires’ disease case is a tragedy – and what makes it especially tragic is that most of these cases didn’t have to happen. Legionella bacteria can be controlled and outbreaks prevented, but only if building owners and operators do their job to keep water systems safe. Too often, they do not.

Legionnaires’ disease, caused by the legionella bacteria, is a deadly human health hazard, one that has drawn close attention from health agencies around the globe. Most cases are caused by contaminated water systems and lead to lung infections (called legionellosis) and a type of very severe pneumonia. Building owners and operators need to safeguard public health by implementing effective water management programs to prevent the growth of legionella bacteria in their water systems.

Because legionella is so dangerous and because it can be found in the water systems of offices, hospitals, and other buildings, a system of rules, regulations, guidelines, warnings, standards, documents, and building codes have been developed to keep water systems pure and safe. Are certain building owners and operators neglecting these responsibilities? Undeniably, the answer is ‘yes.’

Legionnaires’ disease attorney Ray Trueblood-Konz has observed a pattern of ignorance and neglect by building owners and operators nationwide. When seven Legionnaires’ deaths were recorded in San Diego, California, early in 2023, news reporters sought out Ray as a source of information.

The Legionnaires’ attorney told ABC News in San Diego that building owners and operators need to educate themselves about legionella and develop water management plans to prevent its growth. In the San Diego case, a building on the campus at San Diego State University was temporarily closed while health officials investigated the water system. A university professor who worked in the School of Exercise and Nutritional Science died in the outbreak.

Not only can Legionnaires’ disease kill, but those who survive often live with profound damage they never recover from. Because of the serious and significant damage to their health that will never go away, certain long-suffering plaintiffs have been awarded millions of dollars in damages.

Two Legionnaire’s lawsuits handled by Ray resulted in $6.45 million for three people sickened at a resort hotel and another $6 million for six people impacted by a Legionnaires’ disease outbreak linked to a hotel hot tub. Ray said, “Their sense of security has been robbed by their legionellosis. So often for years afterward, if not permanently they’re afraid to go anywhere near a hot tub or turn on a water tap. They’re deathly afraid to step in the shower.’’

Reported Cases of Legionnaires’ Disease on the Rise

Lung infections from legionella bacteria are now the number one cause of reported waterborne diseases in the United States. The rate of reported cases has grown by nearly nine times since 2000. In general, the number of cases reported to the CDC has been on the rise over the past 24 years. Factors for the increase include the aging of the U.S. population, more at-risk people, aging plumbing infrastructure, and climate.

Research by the CDC puts the death rate for people afflicted by Legionnaires disease at 10 percent, but other health agencies have reported death rates for certain outbreaks as high as 33 percent and as low as 3 percent. Lung infections are more dangerous to people who have underlying conditions, such as lung cancer or COPD (chronic obstructive pulmonary disease). Moreover, health officials say people over 50 and those who smoke also are at higher risk.

Risk of Hospital-Acquired Legionnaires’ Disease

Legionella thrives in the water systems of tall and extensive building complexes, including hotels, universities, cruise ships, hot tub facilities, hospitals, and other health care facilities – especially long-term care facilities. A review of 27 Legionnaires’ disease outbreaks investigated by the CDC during 2000–2014 indicated that healthcare–associated Legionnaires’ disease accounted for 33% of the outbreaks, 57% of outbreak-associated cases, and 85% of outbreak-associated deaths. In study after study, most outbreaks in healthcare facilities occur in long-term care buildings and hospitals.

According to research completed by the CDC in 2017, 85% of all Legionnaires’ disease outbreaks were attributed to water system exposures that could have been prevented by effective water management programs.  Legionella grows well in building water systems that are not adequately managed, especially those where disinfectant levels are low, water is stagnant, or water temperatures are optimal for bacterial growth.

The disease risk associated with poorly maintained water systems is so well established that the CDC provides building owners with a Legionnaire’s disease toolkit for developing clean, dependable water management systems.

Legionnaires’ Disease Lawsuit Information

Well-managed water systems can hold disease outbreaks to zero. When a water system is not well-managed and an outbreak occurs, Legionnaires’ disease lawsuits hold building owners and operators responsible for medical bills, pain and suffering, loss of income, long-term harm, and estimated future losses. When a client loses a spouse or other family member to Legionnaire’s disease linked to contamination in a building’s water system, the Pritzker Hageman Legionnaires’ lawyers bring an action for wrongful death.

Investigations into Legionnaire’s Disease clusters can be complex. They require an understanding of how the disease works and how the disease spreads. The Pritzker Hageman Legionnaires’ lawyers have been successful in winning settlements for their clients in these types of complex cases throughout the United States. The law firm recently was recognized by Attorney At Law Magazine for building a national reputation around “legally, technically and scientifically complex litigation.’’

Knowledge is Key – For Owners and Victims

It’s encouraging to see that awareness of Legionnaires’ disease is increasing. Organizations and conferences now discuss Legionella control as a standard part of building management. However, progress is slow, and in the meantime, people are still getting sick from entirely preventable causes.

For building owners/operators: If you’re reading this, take it as a call to action. Implement a water management plan now. It’s not just about avoiding lawsuits – it’s the right thing to do to protect people’s health. Resources are available (CDC’s toolkit, consulting firms that specialize in Legionella, etc.). The cost of an outbreak – lives lost, bad publicity, legal damages – is far worse.

For the public and victims: Know that you have the right to expect safe water in the buildings you enter. You likely wouldn’t know if a building has a water management plan, and you shouldn’t have to worry about that in your daily life. But if you do fall ill with Legionnaires’ disease, it’s important to consider where you might have been exposed (hotel, workplace, gym, hospital, etc.). Public health investigators will often track it down, but you can also seek legal help to make sure an independent investigation happens. Sometimes outbreaks are initially missed or not publicly disclosed; a lawyer can help dig into whether similar cases occurred around the same time and place.

Protect Your Rights After an Outbreak

If you or a family member contracted Legionnaires’ disease and you suspect it was due to a building’s poor water maintenance, you should explore your legal options. Our attorneys are not only knowledgeable about the medical and scientific aspects of Legionnaires’ disease, but also well-versed in the web of regulations and standards that building owners are supposed to follow. We often find that an outbreak could have been avoided had those in charge done what industry guidelines recommend. That forms the backbone of a strong legal case.

Contact us for a free consultation to discuss what happened. We’ll ask questions about where you’ve been, coordinate with health officials if an investigation is ongoing, and can quickly determine if there were lapses in Legionella prevention at the suspected source. There is no cost to you unless we take your case and win.

Ultimately, we believe that taking these cases to court doesn’t just help our clients – it helps drive change so that water management plans and Legionella safety become universal. Our goal is a future where Legionnaires’ disease is a rarity because every building owner takes it as seriously as they should.