NYC Legionnaires outbreak may have killed up to 20, lawyers say
Lawyers for victims warn the death toll may be vastly undercounted as lawsuits allege misdiagnoses and failures to test and maintain cooling towers tied to Harlem construction sites
The Harlem Legionnaires’ disease outbreak may have claimed as many as 20 lives, according to lawyers for four families and four victims who filed notices of claims on Tuesday, far above the seven deaths the state has officially counted. The filings allege that many patients were misdiagnosed with pneumonia before Legionnaires’ testing was performed and blame city agencies and a contractor for failures to maintain cooling towers tied to four city projects. Nearly 20 notices of claim have been filed against the city, totaling about $210 million in potential liability, with at least four wrongful-death suits in the works.
The outbreak is linked to cooling towers on Harlem Hospital and surrounding city sites, and investigators say delays in testing contributed to confusion over the cause of illness. Lawyers for the families said a pattern emerged in which many victims were told they had pneumonia rather than Legionnaires’ disease, a misdirection that they argued worsened outcomes. The Harlem saga has drawn in Rev. Al Sharpton and attorney Ben Crump, who now represent a total of 35 survivors and relatives and say the death toll may be far higher than official figures. They indicated that more lawsuits will follow as claims unfold.
This week, the group filed almost 20 notices of claims against the city, alleging improper testing and insufficient maintenance of cooling towers at four city projects. The filings say cooling towers at Harlem Hospital and a nearby Public Health Laboratory site were not adequately monitored, and that a newly installed tower at Harlem Hospital was not properly registered, leaving it without required inspections. A representative for Skanska USA, the contractor involved in the city projects, expressed condolences for those affected and declined further comment on pending litigation.
"Legionella is a predictable and foreseeable harm if cooling towers aren’t tested and cleaned on a regular basis," said Jarred Scotto, a lawyer for one of the plaintiffs. He noted that a worker, Anthony Stokes, said he had to demand to be tested as he lay in pain in a hospital. The notices also flag broader concerns about how the city responded to the outbreak and to the deaths, including delays in notifying families about the presence of Legionella.
Three wrongful-death lawsuits have been filed against Skanska related to Harlem Hospital projects, with Crump saying more suits are expected as claimants come forward. The plaintiffs allege that the city’s handling of testing and notification allowed the disease to spread further and that improper inspection and maintenance of cooling towers increased the risk. The advocates stressed the need for transparency as investigators look into the cooling towers atop Harlem Hospital.
Sharpton urged mayoral candidates to take the issue seriously and make it a campaign priority, saying it is a matter of justice for families who lost loved ones and for survivors seeking accountability. "They all come here asking for support, and I’m asking for support for these families," Sharpton said.
In one poignant case, Lakisha Plowden described the ongoing pain of losing her husband, Bruce Scott, and the impact on their 6-year-old daughter, Brooke. The family’s attorneys have pressed officials to explain why a death certificate did not immediately attribute the death to Legionnaires’ disease and why testing did not occur earlier in the process. Another family, Nikia Bryant, said her aunt Rachel Tew died in early August after testing confirmed Legionella, though notification came late and the illness was not initially identified as Legionnaires’ disease.
As the investigations move forward, officials and advocates say the focus must remain on preventing future outbreaks at construction sites and ensuring that cooling towers are properly registered, inspected, and maintained. The cases illustrate how misdiagnosis and slow testing can complicate timely treatment and public health responses, particularly at large-scale municipal projects.
