Two construction workers who claim they contracted Legionnaires’ disease while working at or near Harlem Hospital Center are suing contractors they allege failed to safeguard water cooling towers at the building against contamination by the bacteria that causes the illness.
Duane Headley and Nunzio Quinto, both from Nassau County in Long Island, allege in court papers they contracted Legionnaires’ disease while working construction sites at or near Harlem Hospital Center, in the Central Harlem community at the center of a deadly weekslong outbreak.
“This medical tragedy… was a completely preventable outbreak,” the plaintiffs’ attorney Ben Crump told reporters Wednesday in Harlem. “When corporations cut corners, tragedies like this happen.”
The general contractors named in the complaint, Rising Sun Construction LLC and Skanska USA Building, were not immediately available for comment. Lawyers for the two workers said they also plan to sue the city, which owns Harlem Hospital. A spokesperson for the city health department said the agency does not comment on pending litigation.
Harlem Hospital was among the 10 buildings where the city identified cooling towers that tested positive for the Legionella bacteria that causes Legionnaires’ disease, a severe pneumonia.
Five people have died and 109 have been sickened in the outbreak, according to Wednesday’s data update from City Hall. Nine people remain hospitalized. The city has said 12 water cooling towers in all – spread across the 10 buildings – had tested positive for Legionella.
Each of the towers had been remediated as of Friday, the city said on Monday. The officials have not yet stated whether bacteria discovered at those towers had been linked to the ongoing infections. Acting Health Commissioner Dr. Michelle Morse said in a statement that the city was still awaiting the results of DNA sequencing.
Attorney Jared Scotto, who is also representing the two workers, said there was a “bulletin” sent July 1 by New York City Health and Hospitals informing the construction companies about the possibility of Legionella developing in the cooling towers.
“We believe these construction companies knew or should have known that there was Legionella bacteria growing in the cooling towers at Harlem Hospital,” Scotto said.
Quinto, an electrician, said his coworkers were not alerted that he was diagnosed with Legionnaires’ disease. He said he’s only been able to get up and walk around in the last few days, after extreme fatigue upon leaving the hospital.
“I can’t have a safe place to work? This is New York City,” Quinto said at the press conference. “I just want answers on all this.”
The construction workers are represented by Crump, a high-profile civil rights attorney who has represented the families of several Black people killed by police, and residents of Flint, Michigan, who were exposed to harmful levels of lead in their drinking water.
The Rev. Al Sharpton joined Crump, Scotto and Quinto at the press conference at his National Action Network’s House of Justice headquarters on 145th Street.
“It’s frightening to us that there hasn’t been accountability in this situation,” Sharpton said.
This article was updated with additional information from the city.
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