Advancements in healthcare are making some diseases seemingly a thing of the past. After all, when was the last time you heard of someone coming down with smallpox?  The disease is essentially eradicated. Another illness that rarely makes the headlines is Legionnaires disease. 

However, unlike smallpox. Legionnaires disease hasn’t been eradicated and it can cause life-threatening complications. While only 218 cases of Legionnaires’ disease were reported in Houston over four years, it still resulted in significant damages for those affected by the illness. 

So, if you’re infected with Legionnaires disease, can you recover compensation? The answer may be yes but there are a few steps you’ll need to follow to successfully pursue a claim.

What is Legionnaires Disease?

If you’re not familiar with Legionnaires’ disease, you’re not alone. The illness isn’t common, remember only a little over 200 hundred cases were reported in Houston between 2014 and 2018.

Legionnaires disease is a type of pneumonia that can be fatal. The disease is caused by Legionella bacteria that thrive in warm water.  Yes, this means Houston’s warm and humid climate is often an ideal breeding ground for the bacteria.

Water tanks, spas, pools, decorative fountains, and even the plumbing in your home can carry the bacteria. Before you start panicking about the quality of the water coming out of your home’s faucets, take a deep breath. The bacteria is more of an issue in larger buildings like multi-story office complexes. Your home’s tap water should be safe.

You typically contract Legionnaires disease by inhaling mist from contaminated water. How long it takes for symptoms to appear can vary anywhere from 2 to 14 days. 

While older adults, smokers, and individuals with weakened immune systems are especially at risk, anyone can come down with Legionnaires disease. So what are the symptoms commonly associated with Legionnaires disease?

• Septic shock. If the bacteria gets into your blood stem it can travel throughout your body, often affecting vital organs. This can lead to eventual organ failure which is often fatal.
• Acute kidney failure. This is usually caused as sepsis progresses to the kidneys. Sepsis is the medical term for the bacterial infection. As your kidneys begin to shut down, the organs are no longer able to process waste and excess fluid. If waste and fluid levels are allowed to build up, death is a possibility.
• Respiratory failure. Remember, Legionnaires disease is a form of pneumonia. The bacteria can result in oxygen loss and damage your respiratory system. If a patient experiences respiratory failure, their odds of making a full recovery are low. Unfortunately, respiratory failure often results in a fatality.
• Endocarditis. The endocardium is the inner lining of your heart. When you develop endocarditis, you’re at risk of damaging your heart valves. This typically happens if you develop sepsis and the infection in your bloodstream reaches your heart.
• Pericarditis. This is another potential complication of Legionnaires disease affecting the heart. The pericardium is the membrane enclosing your heart. If you develop the condition, you may be facing a lifetime of heart-related complications.

Legionnaires’ disease can also open the door for another illness. Guillain-Barre Syndrome is a disease affecting your nervous system that often causes temporary or permanent paralysis. Thankfully, the condition is rarely permanent but even temporary paralysis can have life-altering consequences.

Are You Eligible to File a Legionnaires Disease Claim?

If you’re diagnosed with Legionnaires disease, you may be wondering about recovering compensation for your damages. 

Even though you’re probably not looking at property loss, you still have extensive medical bills. This is often true even if you catch the disease before sepsis becomes an issue. Treating the disease can be expensive. You may also be missing work during your recovery, and this can add to your financial stress.

You may be able to file a compensation claim but don’t grab the paperwork just yet. Not all cases of Legionnaires disease are caused by someone’s negligence. For example, if you contract the disease in your backyard hot tub there’s a good chance you’re responsible for covering your damages.

If you contract Legionnaires disease from a public water source you may be eligible to receive at least some compensation for your damages. So what are the steps for filing a Legionnaires disease claim?

Confirm the Bacteria’s Presence

Before you can start the claim process you need to establish the presence of the bacteria. If you can’t prove the bacteria is present in the water source, you probably can’t move forward with a claim.

After receiving a positive diagnosis from a licensed healthcare provider, you must identify the source of contamination. This often involves reviewing your schedule over the past two weeks. Chances are, you’re also going to need to involve your local health department to conduct the testing.

Establish If You’re Part of an Outbreak

Typically, if Legionnaires bacteria is present in a public water source you’re not the only one affected by the disease. An outbreak is usually defined when at least three cases are present. Why do you need to know if you’re part of an outbreak? The simple answer is it can affect your claim.

Instead of filing an individual claim, you may become part of a class action lawsuit. While compensation amounts are often higher in class action lawsuits, it doesn’t always mean you’ll receive a higher payout. The judgment award is divided among all lawsuit participants. You may end up receiving less than if you file a personal injury claim. This is something to consider before making a decision.

Gather Your Evidence

You must show that you contracted Legionnaires disease and suffered damages. In other words you can’t file an injury claim or lawsuit without providing proof. Lab reports showing the bacteria’s presence are necessary, along with your medical records.

You may also need to supply maintenance records relating to the contaminated water source. For example, if the bacteria’s presence is caused by a failure to properly clean and maintain equipment like plumbing pipes or drinking fountains.

Consult with an Experienced Injury Attorney

Filing a Legionnaires disease claim can be a complicated process to go through. Even establishing the source of the contamination can be a challenging task to undertake. 

Working with an experienced attorney can help make sure that you receive the compensation you deserve for your damages.