New lawsuits emerge from Legionnaires' outbreak

HARLEM, Manhattan (PIX11) -- The new lawsuit accuses two construction companies of negligence for failing to clear contaminated storm water from cooling towers behind the deadly Legionnaires outbreak here in Harlem.

Rev. Al Sharpton declared, "Harlem is known as the capital of black America. We should not be known as the capital of Legionnaires' disease."

Sharpton was joined by noted civil rights attorney Ben Crump at his National Action Network offices to demand accountability in lawsuits against Skanska Construction and Rising Sun Construction companies.  They were subcontractors at Harlem Hospital, one of 12 sites confirmed to have tested positive for Legionella.

Attorney Jared Scott said, "We believe these construction companies should have known that Legionella bacteria were growing in the cooling towers at Harlem Hospital. We believe these construction companies failed to provide a safe environment and a reasonably safe work site."

It's believed the cooling tower at Harlem hospital was filled with rainwater that was left untreated during the summer heat waves, permitting bacteria to spread, causing workers at the site to get sick.

Nunzio Quinto was an electrician at the site who was diagnosed with Legionella. He is angry that he and his co-workers had no indication that danger lurked where they were working.

"This is New York City,” he shouted.  “I can't have a safe place. My co-workers called me to say nothing was mentioned on the job site, nothing, nobody said anything."

Attorney Ben Crump noted, "It goes beyond a lawsuit.  It’s about effecting change. 12 locations tested positive only in Harlem. We have to make sure Harlem gets the same attention, the same respect as every other part of New York."

Sharpton added, "Whoever didn't follow the code, whoever didn't do what was required, must be held accountable."

In addition to the two construction companies named in the lawsuit, attorneys have filed notice to serve the city as well.  Rising Sun Construction has not responded to our request for comment. Skanska gave us this statement: 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.”

For any information about seeking legal action, you can contact folks at Weitz & Luxenberg at 888-790-3136.