New lawsuits accuse construction companies in deadly New York City outbreak of Legionnaires' disease
The Harlem outbreak has been traced back to July 26 with clusters in Upper Manhattan ZIP codes 10027, 10030, 10035, 10037 and 10039, officials said.
"This medical tragedy that led to the deaths of five citizens from Harlem, that we know about, was a completely preventable outbreak," plaintiffs' attorney Ben Crump told reporters.
"It was completely preventable. And so 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."
Reps for the defendants, Skanska USA Building, Inc., and Rising Sun Construction LLC. could not be immediately reached for comment on Wednesday.
Construction worker Duane Headley filed a complaint against Rising Sun, claiming he was sickened while working at a construction site at 506 Lenox Ave., near Harlem Hospital.
Rising Sun allegedly "created and permitted a defective, dangerous and/or hazardous condition" where Headley was working, the lawsuit said.
Headley survived the illness but remains hospitalized, lawyers said.
Nunzio Quinto claims he was exposed to the Legionella bacteria while working at the New York City Public Health Laboratory Building, near Harlem Hospital, at 40 W. 137th St.
Quinto, who is suing Skanska, said the defendant "breached its duty" to "timely remediate the Legionella colonization of the water distribution and/or cooling systems," according to his lawsuit.
"I had no energy and unable to do anything," Quinto told reporters. "I'm finally starting to get up and walk around a little bit now and can do basic things."
While the plaintiffs are seeking financial compensation for their medical costs, lost wages, pain and suffering, Quinto said he hopes these civil actions unearth reasons behind the outbreak.
"But my thing is, I want answers to what's going on," said Quinto, alongside civil rights activists Crump and the Rev. Al Sharpton. "I can't have a safe place to work? This is New York City."
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New York Post
2 hours ago
- New York Post
Deadly Legionnaires' disease outbreak was ‘completely preventable,' lawyer contends — putting NYC on lawsuit notice
Victims of the deadly Legionnaires' disease outbreak gripping Harlem will sue the Big Apple for allegedly letting bacteria fester in city-owned cooling towers, it was announced Wednesday. The city was hit by notices of claim — or formal declarations of an intent to sue — from two construction workers for claim they contracted Legionnaires' because both the city and their employers allegedly failed to keep them safe. 'This wasn't a natural disaster,' high-profile civil rights attorney Ben Crump said at a press conference announcing the legal action with the Rev. Al Sharpton. Advertisement 'The medical tragedy that led to the deaths of five citizens from Harlem, that we know about, was a completely preventable outbreak,' Crump charged. The notices stem from a pair of lawsuits, also filed Wednesday, against two construction companies involved in work at or near the city's Harlem Hospital — where a cooling tower was one of 12 sites in the storied neighborhood that tested positive for Legionnaires'-causing bacteria. Cooling towers atop four city-owned properties had Legionella, Department of Health officials have said. Advertisement 4 Attorney Ben Crump and the Rev. Al Sharpton unveiled a pair of lawsuits Wednesday center around Legionnaires' disease near Harlem Hospital. Robert Miller Crump alleged that rainwater from July storms was left untreated in cooling towers, including atop Harlem Hospital, leading to conditions that spawned the outbreak, which has killed five New Yorkers and sickened more than 100. New York City has yet to be officially sued because the law requires a 30-day waiting period after filing a notice of claim against the city. But those upcoming filings against the city would likely build off the suits filed by construction workers Duane Headley and Nunzio Quinto, who respectively worked for general contractors Skanska USA Building and Rising Sun Construction. Advertisement Skanska is the main contractor for the new NYC Public Health Laboratory building at 40 West 137th St. where Quinto worked and allegedly contracted the deadly bacteria. The 10-story, 240,000-square-foot facility broke ground in 2022, with the city's Economic Development Corporation and DOH overseeing the work — which has been planning on a 2026 occupancy, according to New York YIMBY. Quinto, who spoke alongside Crump and Sharpton, held out his arm to show the dark marks from the rounds of antibiotic treatment he received to fight the pneumonia-like illness. He contended his employer didn't tell his coworkers that he fell ill. Advertisement 'I can't have a safe place to work?' he said. 'This is New York City, I can't have a safe place.' 4 Construction worker Nunzio Quinto showed marks on his arm from his treatment for Legionnaires'. Robert Miller Rising Sun Construction is the main contractor at Harlem Hospital's Mural Pavilion at 506 Lenox Ave. — on the same block as the Public Health Laboratory project — which opened to the public in 2012. What work was being done at the facility this summer is unclear. The risk of Legionnaires' disease during hot Big Apple summers is so predictable that the construction companies should have protected their workers, but didn't, argued Jared Scotto, an attorney with Weitz and Luxenberg, the firm handling the cases with Crump. 'We believe that the construction companies were on notice that the Legionella bacteria contamination was a possibility based on bulletins that were given out at the beginning of July,' Scotto said. The construction companies didn't return requests for comment. 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'Molecular testing may help us determine which cooling tower — or cooling towers — were the source of the bacteria in the Central Harlem cluster,' the spokesperson said in a statement. 'The Public Health Lab is still determining a match through DNA sequencing and we expect final results soon.' Officials with Health + Hospitals argued the lawsuit notice focused on Legionella at Harlem Hospital's cooling tower ignores the 11 other towers that tested positive. Advertisement 'NYC Health + Hospitals has a one of the most rigorous cooling tower safety and inspection programs, exceeding City testing and cleaning requirements,' a statement from the hospital system reads. 'We inspect towers every day; further, we look for legionella weekly instead of the required every 90 days.' Sharpton argued that Harlem had been neglected. 'It is frightening to us that there's not been accountability in this situation,' he said. 'So, we make this move to begin the process of accountability.'
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3 hours ago
- Yahoo
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A pair of construction companies overlooked safety concerns, causing a 'completely preventable' outbreak of Legionnaires' disease in New York City that's killed at least five people and sickened dozens more, according to lawsuits filed Wednesday. The Harlem outbreak has been traced back to July 26 with clusters in Upper Manhattan ZIP codes 10027, 10030, 10035, 10037 and 10039, officials said. "This medical tragedy that led to the deaths of five citizens from Harlem, that we know about, was a completely preventable outbreak," the plaintiffs' attorney, Ben Crump, told reporters. "It was completely preventable. And so 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." Construction worker Duane Headley filed a complaint against Rising Sun Construction, claiming he was sickened while working at a construction site at 506 Lenox Ave., near Harlem Hospital. Rising Sun allegedly "created and permitted a defective, dangerous and/or hazardous condition" where Headley was working, the lawsuit said. Headley survived but remains hospitalized, lawyers said. Nunzio Quinto claims he was exposed to the Legionella bacteria while working at the New York City Public Health Laboratory Building, near Harlem Hospital, at 40 W. 137th St. Quinto, who is suing Skanska USA Building, said the defendant "breached its duty" to "timely remediate the Legionella colonization of the water distribution and/or cooling systems," according to his lawsuit. "I had no energy and unable to do anything," Quinto told reporters. "I'm finally starting to get up and walk around a little bit now and can do basic things." While the plaintiffs are seeking financial compensation for their medical costs, lost wages, pain and suffering, Quinto said he hopes these civil actions unearth reasons behind the outbreak. "But my thing is, I want answers to what's going on," said Quinto, alongside civil rights activists Crump and the Rev. Al Sharpton. "I can't have a safe place to work? This is New York City." 'While we can't comment on pending litigation, Skanska has fully cooperated with the New York City Department of Health and Mental Hygiene (DOHMH) 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," according to a statement by the defendant, Skanska. "We will continue to implement all necessary mitigation and communication procedures to ensure the safety of our workers and the surrounding public.' This article was originally published on
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