Two construction workers who fell gravely ill during the Harlem Legionnaires’ disease outbreak while on the job at Harlem Hospital are suing the contractors overseeing projects at the medical facility, accusing them of negligence in the epidemic that has killed five people and infected at least 108.
One of the workers, Nunzio Quinto, joined civil rights attorney Ben Crump, attorneys from the law firm Weitz & Luxenberg, and Rev. Al Sharpton at the National Action Network headquarters on Wednesday morning to announce that two separate lawsuits had been filed against Rising Sun Construction and Skanska USA Building, the general contractors in charge of separate projects at the hospital campus.
“This was not a natural disaster. It was a completely preventable outbreak,” Crump said at the Aug. 20 press conference. “When corporations cut corners, tragedies like this happen. Justice equals respect, and Harlem deserves both.”
Quinto, a Nassau County resident and union electrician, was employed by a subcontractor to work on a construction project at the new New York City Public Health Laboratory at 40 West 137th St., adjacent to Harlem Hospital, according to the lawsuit.
On Aug. 14, city health officials confirmed that a cooling tower atop the NYC Economic Development Corporation building, which houses the lab, was among the 12 towers to have tested positive for live Legionella bacteria – the cause of Legionnaires’ disease, a type of pneumonia.
Health officials have said the investigation into the source of the outbreak in Central Harlem is still underway. Public health experts are comparing the DNA in the cultures grown from cooling towers with the DNA in cultures from patients.
A Skanska spokesperson said the company could not comment on pending litigation but has fully cooperated with the New York City Department of Health and Mental Hygiene to inspect and disinfect the cooling tower at 40 West 137th Street, where the city’s new Public Health Lab is under construction.
“We will continue to implement all necessary mitigation and communication procedures to ensure the safety of our workers and the surrounding public,” the spokesperson said.
Representatives for Rising Sun Construction did not respond to requests for comment at the time of publication.
Legionnaires victim says he ‘just wants answers’
Quinto described mistaking his illness for food poisoning before being rushed to Glen Cove Hospital, where he was diagnosed with Legionnaires’ disease. He was treated for internal bleeding and breathing problems, and said he continues to endure lasting health effects.
“I had breathing problems. I couldn’t even talk. I would speak a little bit, a few words, and then I had to gasp for air,” he said. “I had internal bleeding. I was lethargic. I just could not put things together. I sat there for two weeks basically.”
“I just want answers,” Quinto added. “My coworkers were never told I was sick, and no precautions were put in place at the site.”
Both lawsuits accuse the contractors of violating labor laws that require contractors and owners to provide safe workplaces. The filings argue that Skanska and Rising Sun failed to maintain and treat water and cooling systems; prevent and remediate Legionella growth; provide protective equipment; follow state sanitary codes requiring water maintenance plans; and warn workers about the risks.
Duane Headley, also employed by a subcontractor and a Nassau County resident, was working at the Harlem Hospital campus at 506 Lenox Ave. The Department of Health confirmed that the site had a cooling tower that tested positive for the bacteria.
His lawsuit similarly alleges that Rising Sun Construction failed to test and maintain cooling towers, exposing workers to contaminated water droplets. He, too, required an extended hospital stay and rehabilitation and was recently released.
Both Headley and Quinto are seeking damages that exceed the jurisdiction of lower courts, citing long-term health consequences, lost wages, and medical expenses.
Crump and Sharpton stressed that the litigation is about more than compensation. “It’s about accountability, change, and respect for Harlem,” Crump said, adding that workers should not fear retaliation if they come forward.
“This is something that must be addressed, and so we are here to address it this morning by filing this lawsuit to get answers. This lawsuit just isn’t about compensation. It’s about change. It’s about making sure that when corporations do things to cause harm to citizens, health and their lives, it won’t go unquestioned,” Crump added.
Sharpton charged that the alleged negligent actions that occurred in Harlem would not have occurred, or have been tolerated, anywhere else.
“We are absolutely concerned that it is done in the Harlem community, which is why National Action Network has become involved,” Sharpton said. “Some of the workers are afraid to come forward because they are afraid of losing their employment. Others are stepping forward because they are afraid for their life, and we are standing with them.
“We cannot have people, construction companies, or the city operate with this kind of thing hanging over us without there being some kind of accountability,” he added.
Attorneys said notices of claim have also been filed against the City of New York, which owns Harlem Hospital, over alleged lapses in inspections and failure to warn workers despite Department of Health bulletins that lawyers say here issued July 1.
“We believe that the construction companies were on notice that Legionella bacteria contamination was a possibility, based on bulletins that were given out at the beginning of July,” attorney Jared Scotto of Weitz & Luxenberg said during the press conference. “As Mr. Quinto said, there were no protections in place for the workers. Everybody knows and understands based on outbreaks that have happened in New York City, even in recently as the last couple of years, that Legionella is a very serious condition, and it’s a very predictable risk.”
“We know that the law requires these construction companies to provide a reasonably safe work site, and they didn’t do that,” he added.
Sharpton said the outbreak highlighted systemic neglect. “Harlem has been called the capital of Black America. We should not be known as the capital of Legionnaires’ disease,” he said. “Negligence cannot be tolerated in our community.”
Crump and Sharpton said they are in talks with the family of one of the outbreak’s victims and urged others who may have been affected to come forward.
A hotline – 888-790-3136 – has been set up for workers and residents seeking information.
“We don’t want to believe anybody intentionally did this. That’s why the lawsuit is based on negligence. Somebody dropped the ball, somebody was asleep at the wheel,” Crump said.
