New York Water Park Cryptosporidium Outbreak Update

As you know, we were scheduled to engage in a mediation with the State in an effort to resolve the Class personal injury claims. However, shortly before the mediation date, the State informed us that it would not mediate. Instead, and contrary to its earlier communications, it stated it feels it is not liable and will be bringing some motion before the Judge to challenge some or all of the claims. If this sounds confusing and frustrating it is. As yet it is not clear exactly what the State intends to do except that it does not want to agree to settle claims for which it will have to pay. This decision appears to have come from the top level of the Attorney General’s office. It is quite likely that the State’s current financial difficulties play some role in its decision to back out of the mediation. We can only speculate if Attorney General Cuomo’s decision to run for Governor was a factor.

 

Mediation is a voluntary settlement effort. The State cannot be compelled to participate. The existing Court schedule does require the State to file any motion it may choose to that seeks dismissal of any or all claims within 30 days of the unsuccessful mediation. That clock is running but we have not seen anything from the State as yet. Like you, we too are extremely frustrated by this turn of events. We will continue our efforts to engage the State in settlement discussions by reaching out directly to those key decision makers with the State. We remain confident that these claims are meritorious and that the State will have to recognize its responsibility sooner or later.

 

We will definitely move the case forward and will plan to try the liability part of the case if the State refuses to negotiate. The Judge in the case has determined that the liability phase of the case should be tried before any damages are determined. This will streamline the process and allow for negotiations should the Judge find the State liable to Class claimants. We do not have a date for such a trial but expect it would not be until late this year or early next year. Further updates will follow when we know more.

Seneca Lake "Spray Park" Class Action: Status Update

Much has happened since we last reported on the status of the spray park litigation. The period for discovery regarding the liability portion of the case is now closed. We have collected thousands of pages of documents relating to the spray park and have examined under oath numerous State officials involved in the design, construction and operation of the park. We believe that we have assembled ample proof to establish that the State’s negligence was the proximate cause of the illness suffered by the many individuals who attended the spray park during the summer of 2005 or received a secondary exposure to cryptosporidium from someone who was there.

At the same time, we have retained national experts, Alison Osiniski of Aquatic Consulting Services as an expert in aquatics and Dr. Jennifer Clancy of Clancy Environmental Consultants, a microbiologist with special expertise regarding cryptosporidium. We have also retained epidemiologists, whose names we are not ready to disclose, in further support of the case against the State of New York.

In contrast, the State of New York has yet to disclose a single expert to support its claim that the spray park was, to use its own words, “state of the art”.

As you know, mediation was scheduled before Court of Claims Judge Siegel for February 22 and 23, 2010 in Utica. Judge Siegel was designated by Court of Claims Judge Midey to mediate a settlement of this dispute. In this way, Judge Midey, who would preside over a trial of this case, would maintain his impartiality if the mediation ultimately failed.

Judge Siegel, however, discovered on the eve of the mediation that the State was not prepared to go forward. Notwithstanding that the outbreak occurred nearly five years ago, the State was not ready to identify its own defense experts. Accordingly, Judge Siegel postponed the mediation until May 10 and 11, 2010 and, in coordination with Judge Siegel’s efforts, Judge Midey has ordered the State to disclose the identities of its proposed expert witnesses and their expected testimony.

In preparation for the May mediation, we have already provided the State with our analysis of the State’s negligence and a review of comparable cases so that State representatives and the Court can appraise the value of these collective claims.

This litigation has been long, complex and very difficult. However, we have reached an important crossroad in this litigation. We will know relatively soon whether a compromise can be reached with the State or whether the case must be tried in open court.

We encourage you to look for additional updates regarding the litigation at the official website www.sprayparkoutbreak.com. Also, should you move and/or change addresses, phone numbers, email address, etc. please contact us and update your contact information.

Serum immunoglobulin G, M and A response to Cryptosporidium parvum in Cryptosporidium-HIV co-infected patients

Cryptosporidium parvum, the protozoan parasite, causes a significant enteric disease in immunocompromised hosts such as HIV patients. The present study was aimed to compare serum IgG, IgM and IgA responses to crude soluble antigen of C. parvum in HIV seropositive and seronegative patients co-infected with Cryptosporidium and to correlate the responses with symptomatology.

Methods: Cryptosporidium parvum specific serum antibody (IgG, IgM and IgA) responses were assessed by ELISA in 11 HIV seropositive Cryptosporidium positive (Group I), 20 HIV seropositive Cryptosporidium negative (Group II), 10 HIV seronegative Cryptosporidium positive (Group III), 20 HIV seronegative Cryptosporidium negative healthy individuals (Group IV) and 25 patients with other parasitic diseases (Group V).

Results: A positive IgG and IgA antibody response was observed in significantly higher number of Cryptosporidium infected individuals (Gp I and III) compared to Cryptosporidium un-infected individuals (Gp II, IV and V) irrespective of HIV/immune status. Sensitivity of IgG ELISA in our study was found to be higher as compared to IgM and IgA ELISA.

The number of patients with positive IgG, IgM and IgA response was not significantly different in HIV seropositive Cryptosporidium positive patients with diarrhoea when compared to patients without diarrhoea and in patients with CD4 counts <200 when compared to patients with CD4 counts >200 cells/ul.

Conclusions: The study showed specific serum IgG and IgA production in patients infected with Cryptosporidium, both HIV seropositive and seronegative as compared to uninfected subjects suggesting induction of Cryptosporidium specific humoral immune response in infected subjects. However, there was no difference in number of patients with positive response in HIV seropositive or seronegative groups indicating that HIV status may not be playing significant role in modulation of Cryptosporidium specific antibody responses.

The number of patients with positive IgG, IgM and IgA response was not significantly different in patients with or without history of diarrhoea thereby indicating that Cryptosporidium specific antibody responses may not be necessarily associated with protection from symptomatology.

Author: Kirti KaushikSumeeta KhuranaAjay WanchuNancy Malla
Credits/Source: BMC Infectious Diseases 2009, 9:179

Spinacia oleracea L. leaf stomata harboring Cryptosporidium parvum oocysts: A potential threat for food safety

American Society for Microbiology
Dumitru Macarisin, Gary Bauchan, and Ronald Fayer

Abstract

Cryptosporidium parvum is a cosmopolitan microscopic protozoan parasite that causes severe diarrheal disease (cryptosporidiosis) in mammals, including humans and livestock. There is growing evidence of Cryptosporidium persistence in fresh produce that may result in foodborne infection, including sporadic cases as well as outbreaks. However, drinking or recreational waters are still considered the major source of cryptosporidiosis infection in humans, thereby prioritizing studies of parasite etiology in aquatic environments, while the mechanisms of transmission and parasite persistence on edible plants remain poorly understood. Using laser scanning confocal microscopy together with fluorescein-labeled monoclonal antibodies Cryptosporidium parvum oocysts were found to strongly adhere to spinach plants after contact with contaminated water, to infiltrate through the stomatal openings into spinach leaves, and to persist at the mesophyll level. These findings and the fact that this pathogenic parasite resists washing and disinfection raise concerns regarding food safety.

Settlement in the works in cryptosporidia sprayground class action

Craig Fox of the Finger Lake Times reported today that attorneys are ready to begin negotiating an out-of-court settlement in a lawsuit that claims about 2,000 people became sick with a waterborne intestinal illness after visiting the sprayground at Seneca Lake State Park four years ago.

The suit filed with the state Attorney General’s office is against the state Department of Parks, Recreation and Historic Preservation and seeks compensation for damages, including pain and suffering, medical expenses and lost wages. The class action suit involves an outbreak related to the waterborne microscopic parasite cryptosporidia — which is spread through feces — between June 1 and Aug. 17, 2005. The plaintiffs allege that the outbreak was the result of contaminated water at the spraypark, and that the parks department was negligent..

The sprayground was closed from mid-August 2005 until May 2006, until new equipment was installed to stop the water from being recycled through its many stations and to prevent another outbreak from occurring.

New York Spray Park Class Action Cryptosoridium Update

UPDATE: The discovery process which is the formal means of getting information to support claims in a lawsuit is now complete. We have taken depositions of the key players in the spraypark outbreak and have developed our experts’ testimony. The State has taken the depositions of a select group of claimants to better understand the nature of the damages suffered as a result of a Cryptosporidium infection. We have just filed our request for a trial date. This is a key step as it will force the case to a conclusion. Because it is a claim against the State of New York, any trial will be before a judge in the Court of Claims. We have been assigned a judge from the beginning who has been involved in the process of the case to this point and who would hear the case if it goes to trial.

In any effort to resolve the claims and avoid a trial however, we have also agreed to mediate these claims. The State has also agreed and the judge has ordered both sides to request a mediation with one of the other Court of Claims judges. A mediation is a voluntary settlement effort in which representatives of both sides meet with a neutral mediator who tried to get the sides to reach common ground. We hope the mediation will occur before the end of the year, and certainly before the end of January. To explain what class claimants have been through we will have both a great deal of documentary information as well as class representatives to explain to the mediator what a cryptosporidiosis infection is like. All issues, including legal responsibility for the outbreak, will be discussed at the mediation. The mediator does not have the power to compel either side to take action, but he can certainly provide insight given that the case would be heard by a fellow Court of Claims judge. We know that the State will contest its legal responsibility for the outbreak as well as damages we will claim on behalf of class members. But the mediation is intended to provide an opportunity for compromise that provide benefits to both sides.

We expect that if the State is willing to entertain a monetary settlement of claims, we will group similar claimants together in terms of the extent and severity of illness in order to treat similar claims in a like manner. Of course, each person’s experience is different, but a class action works because it addresses large numbers of claimants whose experiences are similar. We expect that there may be several levels of monetary settlement depending on the injuries suffered. Any outcome that provides for compensation to class members will result in a written notice about the proposed settlement to individual class members.

We believe we are now in the final stages of the class action. If we cannot resolve the claims at mediation, we are prepared to try the case. This will not require the involvement at trial of class members as comprehensive information about the claims will provided to the judge. We will have further updates as we near mediation.

South Wales Pool Makes 30 Sick With Crypto; Eight Being Held In Isolation

The British call them the "wet activities," which apparently refers to just about anything that can be done in a swimming pool.

In the South Wales town of Merthyr Tydfil the town has a deck level competition size swimming pool complete with electronic score boards for keeping track of those in-water competitive events.

There's both an adjoining learning pool and a leisure pool that comes with  flume , spa bath, & water features.   Oh, and did we tell you that all the pools are combatting the outbreak of the parasite cryptosporidium?

Eight swimmers who used the Merthyr Tydfil pool are now being kept in isolation after being struck by the crypto parasite.

Health officials traced the outbreak to a pool party at the town’s leisure centre two weeks ago, but were quick to reassure residents the pool is now clear of the disease.

More than 30 of the 46 people who attended the party complained of illness after swimming in the pool.

Dr Gwen Lowe, consultant in communicable disease control, at the National Public Health Service Wales, said: “A likely source of this outbreak of illness is a faecal accident.

“Our advice is that anyone who has vomiting or diarrhoea from any cause should not swim for two weeks after their symptoms have settled.”

Washington University in St. Louis Provides Tell All On Cryptosporidium

The School of Medicine at Washington University in St. Louis is the publisher for the "Hospital Medicine Virtual Journal."  It just published "up to date review of the biology, biochemistry and host parasite relationships of Cryptosporidium."

The complete summary is found below and one may visit the HMVJ for more.

Cryptosporidium is one of the most common enteric protozoan parasites of vertebrates with a wide host range that includes humans and domestic animals. It is a significant cause of diarrhoeal disease and an ubiquitous contaminant of water which serves as an excellent vehicle for transmission. A better understanding of the development and life cycle of Cryptosporidium, and new insights into its phylogenetic relationships, have illustrated the need to re-evaluate many aspects of the biology of Cryptosporidium. This has been reinforced by information obtained from the recent successful Cryptosporidium genome sequencing project, which has emphasised the uniqueness of this organism in terms of its parasite life style and evolutionary biology. This chapter provides an up to date review of the biology, biochemistry and host parasite relationships of Cryptosporidium.

CDC Advise For Dallas Back Yard Pool Owners Might Be Good For Other Hotspots

The Center for Disease Control (CDC) has released a bulletin encouraging pool cleaning of Dallas pools on a weekly basis to prevent recreational water illnesses (RWI's). The announcement comes after a study concluded that the number of outbreaks of RWI's has been increasing each year for the past decade. Regular pool cleaning and maintenance are the most effective way known to prevent them.

The CDC issues similar warnings every year for public pools, but this is the first time they are focusing on homeowners and asking them to be aware of the dangers. RWI's include gastrointestinal, skin, ear, respiratory, eye, neurological and wound infections. The most commonly reported RWI is diarrhea and it is often caused when children swallow contaminated or dirty water while swimming.

It is recommended as part of the weekly process that you test the water quality, add chemicals to achieve the proper PH balance, and brush and vacuum your pool thoroughly. Checking the operation of filtering and cleaning devices is also recommended. If you don't have the time or knowledge to do all of this yourself it is recommended that you hire a Dallas pool cleaning service to do it for you.

Dallas wasn't the only city mentioned in the CDC announcement. They are actually recommending that all homeowners be more vigilant in the upkeep and maintenance of their swimming pools. Cities in warmer climates were said to be at higher risk due to the elevated growth pace of dangerous bacteria such as Cryptosporidium, Giardia, Shigella, norovirus and E. coli O157:H7.

If you are a Dallas homeowner with a swimming pool and one of your children is ill, contact your family doctor right away. RWI's are generally not fatal but can be extremely uncomfortable if not treated with the proper antibiotics and medications. To prevent them, keep your pool clean and have a regular Dallas pool cleaning service or maintenance company come over on a regular schedule to make sure all of your equipment is working properly.

Wisconsin City Closes And Then Re-Opens Popular Fountain That Is Not Treated and Sanitized To Public With Lot's of Warning Signs

 City officials in Neenah, WS this week restarted a popular fountain in Shattuck Park, but at the same time imposed tougher rules to prohibit kids from playing in it.

According to the local Post-Crescent newspaper, here's what happened:

The city posted signs July 22 warning people to stay out of the Shattuck fountain for health and safety reasons and then shut down the fountain indefinitely later that day after park visitors defiantly ignored the signs.

The water in the fountain is not treated and sanitized to the same degree as drinking water or swimming pool water, and officials are concerned with the risks associated with waterborne pathogens like cryptosporidium and giardia.

Eileen McCoy, director of parks and recreation, said additional warning signs were posted Tuesday to emphasize the change in policy.

"It is going to be more in your face," McCoy said of the additional signs. "We will see if that is more effective."

Neenah officials billed the fountain as an interactive water feature when it was built in 2005.

The sudden turnabout stemmed from a better understanding of how people were using the fountain and of how waterborne illnesses can spread.

Neenah is putting $45,000 in its 2010 budget for ultraviolet lighting systems for fountains at both Shattuck and Riverside parks.

The city is taking the steps to maintain its recreational immunity under Wisconsin law.