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.
Craig Fox of the Finger Lake Times
The British call them the "wet activities," which apparently refers to just about anything that can be done in a swimming pool.
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.
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.
Neenah officials billed the fountain as an interactive water feature when it was built in 2005.