Two construction workers who contracted Legionnaires’ disease while on the job in Harlem are suing over what attorney and civil rights activist Ben Crump called a “preventable outbreak” that has already killed five people and sickened more than 100 others.
The pair of lawsuits filed on Wednesday specifically take aim at Rising Sun Construction and Skanska USA Building, two companies that allegedly managed construction projects at and near Harlem Hospital.
Nuncio Quinto — a Long Island resident and union electrician for a subcontractor working under Skanska — alleged in his suit that the company had been aware the threat of an outbreak loomed over their worksites. Attorney Jared Scotto specifically cited a July 1 “bulletin” distributed by NYC Health and Hospitals to the construction companies as proof they were forewarned.
Quinto said he initially believed he had food poisoning before his family rushed him to he hospital. He was diagnosed with Legionnaires’ disease, which is a type of pneumonia contracted by inhaling contaminated water vapor. While the disease typically manifests with flu-like symptoms including fever, chills, muscle aches and cough, it can additionally result in headaches, fatigue, loss of appetite, confusion or diarrhea.
Quinto said he also experienced rashes and difficulty breathing.
“I couldn’t even talk,” he told reporters during a press conference on Wednesday.
“I would speak a few words and then I had to gasp for air. I had internal bleeding. I was just lethargic. I couldn’t put things together. I sat there for two weeks basically,” he continued. “I’m up a little now and walking around and feeling better. It’s a process.”
Quinto also alleged that Skanska urged him against discussing his condition with his coworkers when he recovered.
The second plaintiff, Duane Headley, who is suing Rising Sun Construction, offered similar claims in his suit. He said he too is still recovering from his bout with the disease.
The Legionnaires’ outbreak was initially detected on July 25, with the New York City Department of Health reporting a total of 22 cases. Since then, five people have died and 108 cases have been identified across five ZIP codes in Upper Manhattan, including 10027, 10030, 10035, 10037 and 10039. A subsequent investigation linked the growing cluster to 12 cooling towers on top of 10 buildings, all of which tested positive for Legionella pneumophila, a type of bacteria that causes Legionnaires’ disease, officials said.
Among those buildings are the Harlem Hospital, the Central Harlem Sexual Health Clinic, the NYC Economic Development Corporation and the CUNY – City College Marshak Science Building.
“Nobody gave them any warning that ‘we detected something, you should have your mask, we’re going to shut down the site until we can figure out these cooling towers are safe and free from legionella bacteria.’ Because it’s preventable,” Crump said. “Once you know, you have a duty to act.”
The pair of lawsuits come just days after officials confirmed all 12 cooling towers in Central Harlem that tested positive for live Legionella bacteria have been fully drained and disinfected.
“The question that we would ask is are the people comfortable thinking that they can be negligent in Harlem and not in other places?” Rev. Al Sharpton posited during Wednesday presser. “And if other places have been negligent, they should come forward.”
Both Crump and Scotto have asked that anyone who lives and works in New York City and has fallen ill with Legionnaires’ disease this year contact them at 888-790-3136
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