Corboy & Demetrio Files Lawsuit in Legionnaire’s Outbreak at Chicago Marriott Hotel

Corboy & Demetrio has filed a lawsuit on behalf of a New Jersey man who contracted Legionnaire’s Disease after staying at the Chicago JW Marriott hotel in August 2012.

The negligence lawsuit, filed by Corboy & Demetrio partner Daniel S. Kirschner, alleges that the victim was exposed to Legionella bacteria which had grown and spread throughout the hotel, including the hotel’s lobby fountain, spa, whirlpool and locker rooms. The lawsuit, filed on behalf of the man and his wife, names as defendants Marriott International, Inc. and The Prime Group, Inc., as the owners, managers and operators of the hotel, and Maximus Worldwide, Inc., as the owner, manager and operator of the hotel’s spa.  The lawsuit was filed in Cook County Circuit Court on Nov. 13, 2012.

The lawsuit claims that the defendants failed to properly maintain, service, inspect, monitor and test their wet mist and/or vapor producing systems in order to prevent the formation and proliferation of Legionella bacteria; failed to timely and properly implement the use of moist heat sterilization and flushing, ultraviolet light and/or other means of Legionella bacteria prevention and eradication in their wet mist and/or vapor producing systems; and that they failed to timely notify and warn the plaintiff that he was exposed to Legionella bacteria and put at risk for Legionnaires’ Disease.

According to Mr. Kirschner, who has previous experience representing victims of Legionnaire’s Disease from another outbreak at a Marriott owned entity, “It is inconceivable to me that, in this day and age, fundamental attention to the basic hygiene of this hotel went, apparently, ignored. The preventive measures, which should have been employed at the JW Marriott in the summer of 2012, are well known and routine throughout the hospitality industry. The failure of the responsible party or parties to simply do their job is abominable.”

This is believed to the first lawsuit filed on behalf on a surviving victim from this Legionnaire’s outbreak.