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Elliot Olsen secures six figure settlements in a Legionnaires’ disease death case and injury case

Elliot Olsen represented one man from Edina and the surviving family members of a man from New Hope in a suit against the owner of a hotel in New Orleans. Both men contracted Legionnaires’ disease from a hot tub at the hotel; one became seriously ill and the other man subsequently died.

The settlement was concluded 14 months later. “I was very pleased to have meaningful settlements in both cases,” says Elliot Olsen. “It was enough money to make a positive difference in these people’s lives and the lives of their family members.”

The facts of the case:

Two men in their 50s from the Twin Cities went down to New Orleans on a vacation to meet up with a group of about 30 friends. The men were good friends and stayed in the same hotel room.
The source of the Legionnaires’ disease was determined to be the hotel hot tub. There had been a water main break before the men’s arrival. Often a water main break will stir up sludge in the pipes, which releases the Legionella bacteria.
The state of Louisiana checked the hot tub water. They refused to share their results, which is very unusual. Elliot made the assumption that the water was positive for Legionella bacteria because that is the only possible explanation for the hotel chain’s decision to settle, which occurred before substantial discovery was done.
The man who became seriously ill never used the hot tub. The closest he came to it was when he was standing near the hot tub talking to his friend. He started to get sick about seven days after his trip, when he was back in Minneapolis. He was in Fairview Southdale Hospital for two weeks and eventually made a full recovery.
The man who died had used the hot tub. He became ill at his home about a week after being exposed. His sister became worried about him and called 911, but he died within hours of arriving at Methodist Hospital. During an autopsy, Legionella bacteria was identified in his blood. Finding the bacteria in an autopsy is very unusual.
The client who survived recovered a six-figure settlement for his pain and suffering, lost wages, medical bills and loss of enjoyment of life.
The six-figure settlement for the man who died was for the family’s loss of companionship.

“Here in Minnesota we have probably the best health department in the United States,” says Elliot Olsen. “They did a fantastic job investigating the details of both of these cases, including isolating the Legionella bacteria from the deceased person’s blood, which is highly unusual. They were very dogged and determined in their pursuit of the case. Without their work we would not have had a case or been able to achieve these significant settlements.”