Legionnaire’s Disease and the Hospitality Industry

1. Legionnaire’s Disease and the Hospitality Industry Academy of Hospitality Industry Attorneys Philadelphia Penna. April 26 2008

2. Rules of the Road • Plaintiff lawyer’s role is to: • Simplify • Clarify • Definitize • The author wishes to acknowledge Rick Friedman and Patrick Malone who wrote Rules of the Road A Plaintiff Lawyer’s Guide to Proving Liability

3. Bad Examples Reasonable man standard - vague and abstract - “showing sound judgment” - “rational”

4. Better Alternative Reasonable man standard - follows recognized rules or customs - simple - clear - definite

5. Fact Finder Can Act • Confidence comes from simplicity, clearness and certainty • Now the fact finder is armed to act

6. Establish the Standards from the Beginning • Start putting down the standards from the initial interview • Statutes and regulations • Case law • Contractual relationship between the various parties • Other court rulings • Jury instructions

7. Additional Standards • Pleadings • Textbooks • Articles • Industry guidelines • Ethical codes • Morals

8. Standards Definition • Easy to understand • Defense cannot easily dispute • Defendant breached the standard • Significant within framework of the case

9. Easy to Understand • Convert statutory language to English • Examples • Bromine must be at a certain level • Hotels must keep their place safe for their patrons

10. Defense Cannot Dispute • Violation of statute or regulation • Case law • Highest duty owed to invitee

11. Defense Breached • Bromine levels below state standard • Guests got sick and only thing in common was stay at hotel

12. Important in the Case • Bromine violation key to case • All guests got sick within specified time frame • Only thing in common was their stay at the hotel

13. Legionnaire’s disease • Bellevue Stratford in 1976 • Outbreak somewhere in world every day • Bacteria • Genus is legionella • Species legionella pneumophila • 15 serogroups one of which is Lp1 • Most common in US

14. Legionnaire’s disease cont’d • Disease (legionellosis) occurs when infectious dose enters susceptible persons lungs • Inhaling contaminated aerosolized water droplets • Form of community acquired pneumonia • Can also be nosocomial

15. Legionnaire’s disease cont’d • Common sources • Indoor spa • Jacuzzis • Shower heads • Water faucets • Cooling towers

16. Outbreak in Ocean City Maryland • Reportable disease in Maryland • Department of Health usually receives first reports from local hospital • Two persons staying at same location who became sick within ten days and have nothing else in common • Disease is very under reported

17. Maryland Outbreak cont’d • State health officer puts team together • Inspection of premises occurs • Look for possible legionella in sources where usually occurs • Case control study • Not always conducted

18. Outbreak Investigations in General • Water tests always performed • Maryland cases not yet superchlorinated • Florida cases indoor spa already superchlorinated • Retesting normally done by the State • Meaningless if superchlorinated or superheated

19. Outbreak Investigation cont’d • State epidemiologist critical • Florida case no legionella found • All tested negative for legionellosis Various methods to test for legionellosis • Urine antigen • Serologically • Sputum

20. Legal aspects • Extensive discovery • 1400 pages of documents in Florida and Maryland litigation • 15 depositions in Florida litigation

21. Legal Theories of Recovery • Restatement 343 • Notice issues • Comment (b)-duty to discover • Res ipsa loquitor • Negligence • Excusive control • Plaintiff not negligent

22. Damages • Compensatory • Punitive

23. Contact Information • Jules Zacher, Esq. • Medical Arts Bldg., Suite 707 • 1601 Walnut Street, • Philadelphia, PA 19103 • TEL: 215-988-0160 • ZACHERLAW@AOL.Com • www.juleszacher.com • www.legionnairelawyer.com