Not long ago a VA volunteer at the Pittsburgh VA contracted Legionnaires’ disease, and the government argued he was not able to sue for damages because he was not technically an “employee” and could not claim a work-related injury under federal workers’ compensation laws. We discussed some of the legal issues and possible remedies in […]
VA Mislead Veterans During Legionnaires Disease Outbreak
Mike Wereschagin in a recent article on TribLIVE, chronicles the shocking response to the Legionnaires disease outbreak by the Department of Veterans Affairs hospital that we’ve been following on this site for some time. According to the in-depth article, there were multiple instances where the VA chose not to disclose to patients with pneumonia-like symptoms […]
Legal Considerations for VA Volunteer After Contracting Legionnaires Disease
Government Argues “Employee” Can’t Sue The Legionnaires disease outbreak at the VA in Pennsylvania showcases some offbeat legal traps that can arise in personal injury cases. Legal Remedies: Tort vs. Workers Compensation After the question of jurisdiction is determined, the next question is normally “What is the injured person’s status under the law?” and “What remedies […]
Recorded Statements After a Legionnaires Exposure: What You Should Know
One of the first things that a hotel or hospital that faces claims from someone who got legionella on their premises will want to do is get a recorded statement from the victim. They might also want statements from the victim’s family members. Certainly any company or organization that is being accused of exposing people […]
How Common is Legionnaires Disease?
In Alabama alone there were 41 cases of Legionnaires’ disease reported in 2013, and 18 more so far this year (Source: article in AL.com) Legionnaires By The Numbers It is important to note that not all instances of the disease result in death. Less than 20 percent of cases result in death. OSHA estimates that there are over […]
Legionnaires Disease Contracted From Hotel Fountain, Hotel Being Sued
According to the Chicago Sun-Times, another lawsuit has been filed against JW Mariott in Chicago, stemming from a 2012 Legionnaires disease outbreak. The papers filed in the lawsuit claim that this is the sixth claim against the hotel related to this specific outbreak, and says that the plaintiff contracted the Legionnaires disease from the fountain in the […]
Who Is The Responsible Party In A Legionnaires Disease Outbreak?
Who is legally responsible (and liable) for a Legionnaires’ outbreak? And what you should know. Using detailed discovery in Legionnaires disease litigation and investigation may reveal facts that are not readily apparent from the outset. Where it may appear that the company with the sign on the outside of the business seemed to create the […]
What Court Will Hear a Legionnaires Disease Case?
The recent attention of Legionnaires cases arising out of the VA raises a significant issue with regard to what courts actually hear Legionnaires Disease claims. State or Federal Court? As in most injury cases, the most likely court to file a lawsuit is in State court of the local County or Parish. While it may […]
Family of Legionnaires Victim Receives $227,500 Settlement
The family of Legionnaires Disease victim, John Ciarolla, has reached a settlement of $227,500 with the federal government in their wrongful-death lawsuit against the Department of Veterans Affairs, according to the Tribute-Review. The settlement, reached in April, must still be approved by U.S. District Judge Arther Schwab. In a rash of Legionnaires outbreaks at the […]
No Coincidence that the Frequency of Legionnaires Disease Outbreaks Spikes During Summer Months
While the summer begins to take off, families will be traveling to different places around the country and the world. It is no coincidence that the frequency of legionnaires outbreaks spikes in the summer months. More swimming, more interaction with water sources, hoses, fountains, and pools. The graph above illustrates the true facts of legionnaires […]
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