Protecting families from contaminated food and water
All fields are required
Protecting families from contaminated food and water
Posted in Legionella,Legionnaire's disease,Our Blog,Outbreaks & Recalls on July 5, 2022
According to the New York City Health Department, the Legionnaires’ disease cluster responsible for at least 30 cases, 28 hospitalizations and 2 deaths known as the Highbridge Legionnaires’ outbreak has been closed. All but 2 of those hospitalized have now been discharged and on their way to recovery.
There have been no new cases identified in the area over the last four weeks, according to the health department, leading investigators to feel confident that this cluster has run its course and any other severe illnesses associated with the outbreak would have been linked already. With this information they have now deemed the investigation closed.
Three cooling towers in the area were investigated and samples obtained. Samples from the Jerome Avenue building’s cooling towers matched the Legionella strain found in two patients. While the health department spokesperson Patrick Gallahue indicated that the building’s tower was the one that matched the patient specimens, the department has not indicated what this means for the other two cooling towers also tested during the investigation.
But the story isn’t over yet. Turns out, tenants of the building were never notified that the cooling tower in their building were the source of the outbreak. Tenants want to know why. Despite samples from the towers directly linking to outbreak patients, residents and tenants were left out of the loop.
As with most outbreaks, Legionnaires’ disease often goes undiagnosed due to similarities of symptoms with other illnesses. Without being informed and a potential link made, those who live and work in the building may have been sick but not linked with the outbreak.
This building was erected and planned to be a place of affordable housing and resources. According to city records, tenants of this West Bronx building on Jerome Avenue include low-income housing and a Charter Elementary School.
While the 15-story building is owned by 1331 Jerome Avenue Housing Development Fund, it is an advertised project of the Doe Fund. This organization develops affordable housing with a mission to “break cycles of poverty, homelessness, and recidivism though housing, support services, and economic opportunity.” The development includes social services such as case management, employment training, and substance use prevention. This project opened with 225 apartment units in July 2021.
One of Zeta Charter schools’ three Bronx locations is housed in this building. Students in grades pre-K, kindergarten, and first grade attend classes here, according to the city Department of Education. This school enrolls 77% economically disadvantaged students and 98.9% of those enrolled are minority students.
Despite the building at Jerome Avenue determined as the source of the outbreak, Zeta Charter school CEO indicates that the school was never notified of the contamination.
“It is outrageous that the first we are hearing of this outbreak is from the news media and we are deeply concerned this was not brought to our attention at the time,” Emily Kim, founder and CEO of Zeta Charter Schools said in a statement to the Bronx Times. This information was only brought to their attention after the Bronx Times reached out to them for comment.
Doe Fund spokesperson Elizabeth Lion told Bronx times that the Doe Fund notified Bolivar Development and Builders who are development and construction firms that were involved in the commercial building and own the commercial section of the building where the school is located. Bolivar functions as the school’s landlord, of the situations. She indicated that it was up to them to notify the commercial tenant. They did not.
Zeta Charter School CEO demands more information from landlord.
“We are demanding more information from the developer-landlord and holding him accountable for any remediation that is required,” Kim said. “If the pandemic has taught us anything, it’s that we must respond quickly and with transparency to any public health crisis – keeping communities in the dark is unacceptable.”
At this time, it is unknown as to whether any Zeta students or faculty were among those infected in the outbreak. Or what led the bacteria to grow in the Jerome Avenue tower. Additionally, it has not been determined whether the Do Fund or other cooling tower owners involved in the investigation will face consequences.
In response to discovering that the Jerome Avenue location was the only match between human specimens and those of cooling tower samples during city health department investigations, much of the focus is on this building for remedial activities.
On May 23rd the Doe Fund was ordered to immediately disinfect the tower and perform additional remediation on June 3rd. According to health officials the owner has cooperated and complied with requests as well as working with the health department on long-term cooling tower management plans.
The Health Department is working closely with Doe Fund’s building management team on their long-term plans for managing cooling tower operations. These plans include more frequent water monitoring and sampling.
This water monitoring and sampling is a required activity created by a law passed in 2015. This law was prompted by an outbreak of Legionnaires’ disease that year that infected 138 people and killed 16 in the South Bronx area. The law requires that all building owners must register, maintain, and test their cooling towers.
Legionnaires’ Disease is a pneumonia-like illness caused by the Legionella bacteria. This bacteria likes warm waters and is spread by breathing in water vapor containing the harmful bacteria. While the disease presents flu-like symptoms, fortunately it can’t be spread from person to person.
Illness in generally healthy individuals is rare, but certain populations may experience severe symptoms and illness. People over the age of 50, cigarette smokers, and those with chronic lung disease and compromised immune systems are at highest risk of the disease.
Symptoms often mimic pneumonia-like or flu-like illness so they often go undiagnosed. Treatment includes antibiotics and early diagnosis allows the appropriate antibiotic to be prescribed for best recovery chances.
While the current outbreak is over, the health department encourages anyone with flu-like symptoms to seek care immediately.
If you or a loved one has become sick from exposure to the Highbridge Legionnaires’ disease outbreak and wish to make a legal claim, The Lange Law Firm, PLLC can help!
The Lange Law Firm, PLLC specializes in Legionnaires’ disease cases and has helped countless families receive the justice they deserve.
Becoming sick from negligence can be a costly and potentially fatal outcome.
Call (833) 330-3663 or send us an email for a free, no obligation consultation to go over the details of your situation and determine if you have a legal case.
By: Heather Van Tassell (contributing writer, non-lawyer)