Legionnaires’ outbreak: compensation claim floodgates begin to open

FIVE people who caught Legionnaires’ disease have started legal action that could see them receive compensation for becoming infected.

The news came the day after a second man in Edinburgh died of the illness, which has infected 89 people, and as Edinburgh city council served an improvement notice on the National Museum of Scotland as part of the ongoing investigation.

Lawyers acting for the victims say they are awaiting the results of the investigation into the source of the outbreak to decide whether patients can seek compensation. They say if individual companies or the authorities are found to have been negligent, they will seek financial settlements for the victims.

Elaine Russell, a partner at law firm Irwin Mitchell, said: “While compensation is something that could be relevant if there is negligence involved, it is still early stages and we have only just been instructed to act on their behalf.”

She said any future claims would also depend on how the disease had affected each individual’s health and impacted on their quality of life.

Ms Russell said all five victims wanted answers as to why the outbreak had happened and reassurances from the authorities that measures would be taken to ensure it did not happen again.

Yesterday, the city council said the improvement notice served on the National Museum of Scotland related to staff training issues and not the operation and maintenance of cooling towers under investigation as a possible source of the outbreak. A distiller and a pharmaceutical manufacturer have also been served with notices as part of the investigation by health and safety experts.

The Scottish Labour Party has called for a public inquiry into the outbreak.

Shadow health secretary Jackie Baillie said: “I would urge the Scottish Government to agree to a public inquiry. This should not have happened and a public inquiry will ensure we learn lessons and try to prevent this happening again.”

No new cases of the disease were reported yesterday, with the total number confirmed still at 41 and suspected at 48.

Health secretary Nicola Sturgeon said the worst of the illness appeared to be over. “It is reassuring that the number of cases involved in the outbreak remains static and this is further evidence that the outbreak has reached its peak,” she said.

Nine patients remain in intensive care and seven outwith the NHS Lothian area continue to be treated for the illness. All of them had visited Edinburgh in recent weeks.

Dr Duncan McCormick, a consultant in public health at NHS Lothian, warned more cases could arise and said he could not rule out further deaths.

He said: “The outbreak does appear to have peaked. Unfortunately, that does not mean that, despite the best possible treatment, patients who are already ill may not deteriorate over coming days. It is also the case that we would expect the number of confirmed cases to rise, as suspected cases become confirmed.”

The funeral of father-of-two Robert Air, 56, the first man to die of the illness, took place yesterday. A second man, aged in his 40s and who lived in the Gorgie area, died on Thursday evening.

Both had “significant” and pre-existing underlying health conditions, officials said.

Six companies in the city are being investigated over the disease.