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Seven Oaks and Community Legionnaires' Disease
Seven Oaks and Community Lawsuit
Despite the City of Toronto's and Toronto Public Health's initial statements, results through post-mortem analysis, show that it was Legionnaires' Disease at Seven Oaks that was implicated in the outbreak and that it was caused by contaminated air droplets emanating from the cooling tower.
We have issued a statement of claim under the Class Proceedings Act, 1992 and filed it with the Superior Court of Justice in the City of Toronto. Harvey Strosberg has joined the case as lead counsel.
We are continuing to speak confidentially with and to meet with residents of Seven Oaks, family members, visitors and staff, and members of the community and families who have been affected by Legionnaires. We are also consulting experts to provide opinions on the maintenance, design and construction of the cooling tower.
Laboratory testing on autopsy specimens from three residents of Seven Oaks Home for the Aged were reported on October 6, 2005 as positive for Legionella pneumophila, the bacterium that causes Legionnaires' Disease. Dr. David McKeown, Medical Officer of Health, made a statement that “This indicates that the cause of the current outbreak is likely Legionnaires' Disease.”
Dr. Donald Low is the medical director of Ontario Public Health Laboratory, and stated in regard to the diagnosis that the "The test failed us," and that “"We've got to find out why did it fail." He said that “If we had had an answer on Saturday [October 1, 2005], it would have put the public's mind at rest as well as the international press."
Initially Toronto Public Health ruled out Legionnaires' Disease.
The statement of claim takes the position that the defendants were required to meet a high standard of care because:
the population at Seven Oaks was especially susceptible to death and serious illness;the maintenance, installation, manufacture, design of the cooling tower at Seven Oaks was of paramount importance in ensuring the health and safety of the residents and community;there was a known risk that cooling towers are a breeding ground for the bacteria that causes Legionnaires' Disease;the defendants controlled all aspects of the maintenance system;the residents and members of the community had no control over the immediate environment and were to a large extent immobile; andthe residents were subjected to living their lives in a manner which necessitated exposure to their immediate environment.