A worker sickened with Legionnaires’ Disease by what he believes was a faulty city-owned water cooling tower in Harlem is suing the contractor responsible for maintaining the equipment, The Post has learned.
Patrice Smith is going to court against Nalco, which is contracted by the city to operate Harlem Hospital’s cooling tower, which the Health Department on Friday identified as a source of a deadly outbreak that has killed 7.
“It’s bad that it happened at a city building. They are supposed to clean the building,” said the 49-year-old Brooklyn man, who was hospitalized from July 29 to Aug 7 with the pneumonia-type illness.
“How did you not know? Why did people have to suffer? The city is supposed to following its own rules. They’re supposed to lead by example.”
He’s also sued Skanska USA Building, which manages a construction site located at 40 West 137th Street, that is also linked to the cases. The construction firm has also been sued by civil rights lawyer Ben Crump with the support of Rev. Al Sharpton.
Smith was never in the hospital before his diagnosis, but he believes he was sickened because he ate at a deli near his place of work, which is also near the hospital.
Lange, who says he has 47 Legionnaires clients, also said he would file a 30-day notice of claim against the city’s Health and Hospitals Agency and Harlem Hospital later this week.
It would be the second time in just 3 years that the city agency was sued for allegedly failing to prevent the spread of Legionnaires’ disease, which has sickened more than 100 people in Harlem in this latest outbreak.
His firm also filed a suit against Harlem Hospital/Health+Hospitals in 2022 for a previous outbreak in the summer of 2021. That case is still pending.
“New York City should be doing better, and we hope they do better in the future at preventing Legionella outbreaks,” Lange said.
The lawsuit filed in Manhattan state Supreme Court said, “Despite the Defendants’ stated objectives of providing healthcare, the water system and associated water distribution system at the Harlem Hospital facility was contaminated with Legionella, a deadly pathogen.”
“Prior to Patrice’s diagnosis of Legionella pneumonia, the defendants did not warn residents, guests, or anyone else of the risk of contracting Legionnaires’ disease by exposure to the facility’s cooling tower and associated water distribution systems,” the suit said.
Legionnaires’ bacteria is found in freshwater and can grow in water systems such as those used for air conditioning large buildings, especially during warmer weather.
Mist released by the cooling towers can send the bacteria into the air, and if inhaled, it can cause Legionnaires’ disease, a severe form of pneumonia.
Defendant Skanska, in a statement Sunday said, “While we can’t comment on pending litigation, Skanska has fully cooperated with the New York City Department of Health and Mental Hygiene (DOHMH) to facilitate the inspection and disinfection of the cooling tower at the building currently under construction at 40 West 137th Street – which will be the future home of the Public Health Lab.
“We will continue to implement all necessary mitigation and communication procedures to ensure the safety of our workers and the surrounding public.”
When asked for comment, Narco said: “As our team has not received formal notice of the filing, we will take the time needed to assess and respond. Protecting public health is core to our business, so we are taking this matter very seriously and urgently reviewing all available information.” Skanska did not immediately respond to a request for comment.
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