Workers suffering from Legionnaires’ disease are suing the contractors responsible for maintaining a city-owned water cooling tower in Harlem, believing it’s linked to their illnesses, according to reports.
Patrice Smith is set to take Narco to court over its management of the cooling tower at Harlem Hospital. The Health Department has identified this tower as the source of a recent outbreak that claimed seven lives.
“This shouldn’t happen in urban settings. They’re supposed to ensure proper maintenance,” remarked Smith, a 49-year-old man from Brooklyn who was hospitalized for a pneumonia-like illness from late July to early August.
“Why didn’t they know? Why did people have to go through this? The city should set an example and adhere to its own regulations.”
Additionally, he has filed a lawsuit against Skanska USA Building, which oversees construction nearby. Civil rights attorney Ben Crump, with backing from Rev. Al Sharpton, has also taken action against the same company.
Though Smith wasn’t hospitalized before his sickness, he suspects he fell ill after dining at a deli near his workplace, close to the hospital.
Lange, who represents 47 clients with Legionnaires’ claims, intends to file a 30-day claim notice with the city health agency and Harlem Hospital in the coming days.
This marks the second lawsuit in three years against a city agency that allegedly failed to control the spread of Legionnaires’ disease, which has affected over 100 individuals in Harlem.
His firm previously initiated legal action against Harlem Hospital/Health+ Hospital in 2022, related to a prior outbreak in the summer of 2021; that case is still outstanding.
“New York City should strive to do better. We hope they improve to prevent further outbreaks,” Lange added.
The lawsuit claims that, “despite the purported goal of providing healthcare, the water system at the Harlem Hospital facility was contaminated with Legionella, a dangerous pathogen.”
Before Smith’s diagnosis, the defendants allegedly did not alert residents or visitors regarding the risk of Legionnaires’ disease from being exposed to the cooling tower and its water distribution systems, according to the complaint.
Legionella bacteria typically inhabit freshwater and can proliferate in water systems like those used for air conditioning large buildings, especially when temperatures rise.
The mist from the cooling tower can aerosolize the bacteria, which can lead to severe pneumonia when inhaled.
In a statement, Skanska acknowledged, “While we cannot comment on the pending lawsuit, we have cooperated fully with the NYC Department of Health and Mental Health to facilitate inspections and disinfection of the cooling towers at 40 West 137th Street.”
“We remain committed to implementing all necessary safety measures to protect our workers and community residents.”
When approached for a statement, Narco replied, “Our team has not yet received formal notice, so we need time to evaluate and respond. Public health is vital to our operation, and we are carefully investigating this matter.” Skanska did not provide an immediate response.
