Cryptosporidium Lawyer & Attorney : Marler Clark : Cryptosporidium Blog

No laws regulate cleanliness of Tuscaloosa County's public pools

By Lydia Seabol
Staff Writer

July 27, 2006

TUSCALOOSA | On a sweltering day, it's not likely that many swimmers think about what germs lurk in public pools before taking the plunge.

Perhaps they should.

According to the Centers for Disease Control and Prevention, recreational water illnesses can spread quickly in swimming pools that aren't properly maintained.

Serious diseases caused by such bacteria as cryptospordidum, giardia, E. coli and shigella can be contracted by ingesting water contaminated with fecal matter. While symptoms can be as minor as diarrhea or skin, ear or eye infections, these illnesses can be fatal in people with weak immune systems.

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The Judge in the Court of Claims recently certified the Cryptosporidium case against the State of New York as a class action. This order officially turns the case into a class action. The certification of the class is a big help in terms of getting the state to deal with these claims. The class members include all those who are existing Marler Clark, Underberg & Kessler, or Dreyer Boyajian clients and have filed a claim against the State. The Judge has also indicated that the Class can be expanded to include others who now come forward and follow the procedures necessary to making a Cryptosporidium claim against the State. Individuals who wish to join the class should contact Marler Clark at marler@marlerclark.com or toll-free at (866) 770-2032.

We are in the process of requesting information from the State concerning the Spray Park in an effort to demonstrate what we believe was the State's obvious negligence in failing to have adequate protections against Cryptosporidia. At the same time, we are assembling basic information about all class members to share with the State in order to establish a basis for compensation. While it is too early to know what course the class action will follow, our goal is to reach a negotiated resolution with the State for monetary compensation for our clients.

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Ruling allows victims of 2005 Cryptosporidium outbreak at Seneca Lake State Park to join class action lawsuit against State of New York

ROCHESTER, NY (July 14, 2006) -- A class action lawsuit filed against the State of New York Department of Parks, Recreation, and Historical Preservation was certified today. The class certification ruling allows all persons who became ill with Cryptosporidiosis and/or were otherwise damaged as a result of the Cryptosporidium outbreak at the Seneca Lake State Park Spraypark in 2005 to join the class and receive compensation for their injuries and economic damages. Attorneys from Marler Clark, Underberg & Kessler, and Dreyer Boyajian filed the motion requesting certification of the class in December.

"We are very pleased that the Judge ruled in favor of certifying the class action," said Paul Nunes, a partner in Underberg & Kessler. "This decision allows people who have not already filed claims to join the action now. We encourage those who have not yet filed a claim to contact us so they can become part of the class."

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July 7, 2006
By Mary Jimenez
maryjimenez@gannett.com

As a second-generation lifeguard at Fair Grounds Pool, Jewell Gill never worries about the safety of the water in the city facility.

"Coach (Glenn) Payne checks the chemicals every day. And if they aren't just right, he adds what he needs to," said the 19-year-old who learned at age 3 to swim in the pool where her mom worked as a lifeguard. "I've never worried."

A patron raised the issues of maintenance and cleanliness at Fair Grounds Pool.

But while most people would not want to swim in a pool that appears dirty, that doesn't necessarily mean it's unsanitary, says the supervisor for Shreveport Public Assembly and Recreation pools.

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Wednesday, July 05, 2006
By CRAIG FOX
Finger Lakes Times

GENEVA - It's going to be a few more weeks before the spraypark at Seneca Lake State Park reopens.

It's taking state Park, Recreation and Historic Preservation work crews longer than expected to install new filtration and ultraviolet systems designed to prevent a recurrence of last summer's gastrointestinal outbreak.

The delay is being caused by a few engineering changes to the new systems and getting the state Health Department to sign off on the changes, Gibson said.

The Health Department must also test "every piece of new equipment" in the system and make sure they work properly before the park reopens, Gibson said.

"We're taking it day by day," Gibson said.

The equipment is required under a set of state Health Department regulations put into place after several thousand park visitors became sick last summer.

The Health Department determined the illness was cryptosporidius, caused by a microscopic parasite and spread through human feces. The sprayground was closed in mid-August.

The improvements -- designed to deactivate any micro-bacterial organisms that form in the sprayground's water supply -- began in March and were expected to be completed by early this month.

But state parks spokeswoman Wendy Gibson said this morning the hope now is to get the spraypark open by the end of the month.

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