Legionnaires outbreak in Torremolinos - Have your Clients Been Affected?
02/01/2012
Legionnaires disease is an infectious disease caused by Legionella, a bacteria found in cooling water systems as well as in any other equipment which draw upon a public water supply, such as air conditioning, showers, architectural fountains and ice-making machines.
The origin of the name of this illness is attributed to an outbreak in 1976 during the American Legion convention in Philadelphia where 221 persons were diagnosed and 34 died with pneumonia like symptoms. The cause of the illness was linked to the air conditioning systems of the hotel.
In light of the serious consequences of this illness, any building which does not carry out regulatory checks upon their water sources or does not comply with current legislation, could be a potential health hazard for its occupants and guests.
Countries like Spain are more prone to suffer an outbreak given that this organism thrives in temperatures between 25ºC and 45ºC. Its high fatality rate and the ease with which the bacteria transmits itself, has been a major concern for the legislator after the outbreak which occurred in 2001 in Murcia, where there were 805 victims, including four deceased - the largest in the world. The “Journal of Epidemiology and Community Health” identifies Spain as the developed country with the most Legionella outbreaks in the world.
As a result, it is no surprise that Spain has one of the most rigid regulatory frameworks with the aim of preventing and continuously monitoring all water supplies of buildings and other focuses of infection, protecting users and consumers. Irwin Mitchell Abogados would like to draw your attention to the following legislation in this area:
• Royal Decree 865/2003, enacted on 4 July, establishes the minimum hygiene and sanitation requirements for the prevention and control of Legionella including the inspections and investigations following an outbreak of Legionella.
• Decree 287/2002, enacted on 26 November, applicable at Andalucian Autonomic Level (and therefore applicable in Málaga) not only establishes further hygiene and sanitation requirements for high risk facilities, but also creates a Public Registry where service providers fighting Legionella can be registered and accessible to everyone.
• Royal Decree 140/2003, enacted on 7 February, establishes criteria and high standards of quality for drinkable water and its treatment.
In Spain, the notification of the illness to the “Red Nacional de Vigilancia” (National Control Body of Infectious Diseases) is compulsory since 1997 through the Royal Decree 2210/1995. This notification must be done by the doctors treating the victim whether in a public or a private hospital.
Post notification, the Health Authorities of the relevant region will carry out the necessary investigations and prepare a report within three months after the outbreak has been controlled. The report will then be submitted to the “Centro Nacional de Epidemiología” the National Epidemiology Authority.
The notification of a Legionella case in a building or installation results in a series of investigations being carried out by the Health Authorities with the purpose of establishing the link between different cases and the source of the infection. For this purpose cases notified within the previous six months will be considered.
An alarm system will also be put in place to identify new cases linked to the same source at an early stage.
To identify the source, a detailed description of the places visited by the victim during the previous ten days will need to be obtained. It is also therefore very important that no action is taken in the building to eradicate the infection before the inspection takes place and samples are taken.
At the same time, Spain is part of the European Working Group for Legionella Infections (EWGLINET), which is in charge of the monitoring and prevention of travel associated Legionnaires’ Disease allowing a swift investigation of the possible infection sources.
Irwin Mitchell Abogados is currently investigating a potential claim against a particular Hotel in Torremolinos. If any of your clients have been infected by Legionella during a trip to Spain, we would be interested to know and answer any queries you may have. We will be happy to advise you on any potential action to take for the best possible outcome.
Talk to a specialist advisor today on 952 209 860 or for more information email: imabogados@irwinmitchell.com.
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