A lawsuit has been filed against New York City related to a Legionnaires’ disease outbreak, which is suspected to have resulted from contaminated water in a city-owned cooling tower. This was disclosed on Wednesday.
The claims stem from two construction workers who contend that both the city and affiliated contractors neglected their safety. They believe the conditions that led to the outbreak were preventable. Noted civil rights attorney Ben Crump emphasized during a press conference, alongside Pastor Al Sharpton, that “this was not a natural disaster.”
The legal notice arises from two lawsuits filed against construction companies working near Harlem Hospital, where one of the twelve cooling towers detected the bacteria responsible for Legionnaires’ disease.
According to the health department, the cooling tower associated with the city-owned facilities tested positive for the harmful bacteria. Crump stated that untreated rainwater accumulated in the cooling towers, including the one near the hospital, which ultimately caused an outbreak that took five lives and made over a hundred people ill.
Though New York City has not yet faced formal legal action, a mandatory 30-day wait follows the notice of claim before any lawsuits can proceed. The forthcoming filings will support the suits initiated by construction workers Duane Headley and Nunzio Quint.
Skanska is the main contractor for the nearby Public Health Institute, which is currently under construction. Set to open in 2026, the facility has been in the works since 2022. Quint shared his experience of antibiotic treatments for illnesses, such as lung infections, suggesting he wasn’t properly informed about the risks within his workplace.
“Is it possible to do a safe job?” he pondered, highlighting the challenge of job safety in New York City.
Rising Sun Construction leads the project for the Harlem Hospital mural pavilion, on the same block as the Public Health Institute. The precise nature of the work being done this summer remains unclear.
Given the predictable risk of Legionnaires’ disease during the sweltering summers, some argue that construction companies should have taken additional precautions. Attorney Jared Scott believes the construction firm was informed of potential contamination based on news that circulated in early July. The construction company has not responded to any inquiries.
Don Weiss, a former health department surveillance director who previously oversaw a Legionnaires’ response, expressed shock at the extent of the outbreak, especially since city-owned buildings tested positive for the bacteria. He remarked, “It doesn’t look good. The city should maintain higher standards.”
Weiss’s own examination of inspection records from 97 cooling towers in the Harlem area showed that 73% had undergone Legionnaires’ testing within the mandated 90 days.
A department spokesperson noted that investigations into the outbreak’s source are ongoing, indicating that further molecular testing may identify which cooling towers are involved.
Officials from Health + Hospitals argue that the litigation regarding the cooling tower at Harlem Hospital overlooks 11 other towers that also tested positive. In their statement, they emphasized the strict safety measures they have in place, claiming they conduct daily inspections and weekly Legionnaires’ tests, far exceeding city regulations.
Sharpton criticized the lack of accountability regarding the situation in Harlem, expressing the community’s concerns and the need for responsibility to be established.
