Riley | Ersoff | Rodas LLP obtained $5 million on behalf of an elderly client who almost died after contracting Legionnaires' disease from contaminated water flowing from the client's bathroom sink at a residential care facility for the elderly. This is believed to be the largest reported single-plaintiff recovery in a Legionnaires' disease case in United States history.
Within weeks of taking this case, Victoria L. Ersoff of Riley | Ersoff | Rodas LLP concluded and was able to demonstrate that defendants had failed to implement basic, industry-standard water safety protocols despite housing and caring for a large number of high-risk seniors.
Legionnaires' disease is a severe form of pneumonia contracted by breathing in vaporized water that contains Legionella bacteria. The bacteria forms when building owners fail to properly maintain their water systems. Common sources include showerheads and sink faucets, hot tubs, decorative fountains and water features, complex plumbing systems, and cooling towers. Individuals at increased risk of developing Legionnaires' disease include seniors, current or former smokers, persons with chronic lung disease, and individuals with compromised immune systems.
The firm's client, an elderly resident of the facility, was independent and active, managed her own finances, socialized regularly, and required no assistance with daily living. After contracting Legionnaires' disease from the facility's water system, she suffered severe life-altering complications, including sepsis, respiratory failure, and a major neurocognitive disorders.
An investigation by local and state public health authorities confirmed the presence of Legionella bacteria at numerous sites throughout the facility's water system, including astonishingly high levels of Legionella bacteria in the victim's own apartment. Ms. Ersoff alleged and was prepared to prove in court that the facility had never implemented a water management program consistent with ANSI/ASHRAE Standard 188 and related CDC guidance.
Asked to comment on this historic settlement, Ms. Ersoff stated: "This settlement reflects the severity of what our client endured and sends a strong message to property owners and operators: facilities that ignore well-established public health standards do so at their peril. They will be held accountable."
Victoria L. Ersoff has been involved in several highly publicized Legionnaires' disease outbreaks nationwide and has handled over 1,000 Legionnaires' disease claims over the course of her career. Riley | Ersoff | Rodas LLP, based in Beverly Hills, California, represents individuals and families in connection complex toxic tort, Legionnaires' disease, habitability, lead poisoning, and carbon monoxide poisoning, cases throughout California. The firm is dedicated to holding property owners and insurance companies accountable for negligence that harms vulnerable populations.
