UES Legionnaires' Victims Prepare Lawsuits As Outbreak Reaches 67 Cases

UPPER EAST SIDE, NY — An attorney representing two people hospitalized during the Legionnaires' disease outbreak on the Upper East Side told Patch he plans to sue the owners of the buildings ultimately identified as the source of the bacteria, arguing the illnesses were preventable.

Attorney Ronald Katter, who said he now represents two clients sickened during the outbreak, told Patch one of them — an Upper East Side man in his 80s — remains sedated in intensive care on a ventilator and dialysis after developing sepsis.

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"He was just someone who was minding their own business," Katter said. "Not aware that he's about to be stricken."

The man, who Katter said had been living independently before falling ill, was rushed to the hospital on July 2 after his wife found him at home with a 104-degree fever. He remains on life support after doctors were unable to wean him off a ventilator or dialysis, Katter said.

His wife, Katter said, has been left making life-and-death decisions while the couple's apartment renovation sits unfinished.

"Two lives are just shattered by this," he said. "Two innocent lives through absolutely no fault of their own."

Katter's second client is a 59-year-old Harlem man who regularly spent time on the Upper East Side. He has been hospitalized since July 3 after becoming dizzy, collapsing and later testing positive for Legionnaires' disease, Katter said.

While the man is no longer on life support, Katter said he remains largely confined to bed, requires oxygen and faces a lengthy recovery.

"His life's been put on hold," Katter said. "Just being on your back for two weeks and not able to eat normally and exercise and breathe — it's a big setback."

The attorney said he intends to file separate lawsuits on behalf of both clients once the city's investigation identifies which cooling tower or towers caused the outbreak.

"Once the Department of Health identifies which buildings were the source of the outbreak, we will sue those," Katter said.

He said the lawsuits would allege negligence, arguing that the responsible property owners failed to properly inspect and maintain their cooling towers as required by city law.

Katter also plans to sue the city for its enforcement of cooling tower regulations, he told Patch.

"I think the city hasn't enforced the law, and the landlords are not compliant," he said.

The Health Department has not yet identified the source of the outbreak. Officials have said they are continuing culture testing on cooling towers that initially tested positive for Legionella bacteria to determine which, if any, are responsible.

As of Friday, the outbreak had grown to 67 confirmed cases, according to the Health Department.

Twelve people remain hospitalized, 43 have been discharged and another 12 people were not hospitalized. No deaths have been reported.

The investigation remains focused on ZIP codes 10028, 10128 and 10075, encompassing parts of Carnegie Hill and Yorkville.

Health officials have urged anyone who has spent time in the area since late June and develops flu-like symptoms — including fever, cough, chills, muscle aches or shortness of breath — to seek medical care promptly, noting that Legionnaires' disease can typically be treated successfully with antibiotics when caught early.

For questions, email Miranda.Levingston@Patch.com.