A 24 Hour Fitness member is suing his local Memphis, Tenn. location after allegedly contracting Legionnaires’ Disease transmitted by bacteria found in the spa or steam room at the location.
Jerome Walsh spent nearly five full days in the hospital with pneumonia-like symptoms. Tests later confirmed he had contracted the disease.
The lawsuit alleges negligence and seeks no more than $2 million in damages. The complaint was filed on July 17, 2013. According to Thomas Greer, attorney at law with Bailey and Greer, PLLC, the lawsuit against 24 Hour Fitness was filed due to lack of proper procedures on the part of the health club. “If the facility properly designed and cleaned its water systems, the bacteria wouldn’t have survived,” he said. “Clearly, 24 Hour Fitness didn’t follow them.”
Greer’s client is a member of 24 Hour Fitness, and uses the pool, hot tub and other water areas. “He got sick, and thought he had the flu,” Greer said. The client then went to the ER, which diagnosed him with the flu and sent him home. Still feeling sick, he visited a different ER for a second opinion. “The second emergency room ran the right tests looking for Legionella bacteria, and confirmed [my client] had the disease.”
Greer’s client was treated at the hospital for “four or five days,” Greer said. “It’s still causing a problem for him today because of the bacteria.”
With this lawsuit, Greer and his client hope to set an example for the rest of the industry. “Patrons have to trust companies like 24 Hour Fitness to do the right thing,” Greer said.
Two weeks prior to the filing, the 24-Hour Fitness franchise mailed a letter to its members, after the Shelby County Health Department had notified them of three individuals who received medical attention for the Legionella pneumonia, acknowledging that there were three members who had contracted Legionnaires’ Disease between May 21 and June 21. The letter states that the individuals who were treated used the spa and steam room during separate visits to the 1285 Ridgeway Road location.
“We have been working closely with the health department, and have closed the identified and surrounding areas of our club for a comprehensive inspection and cleaning,” the letter read. “Our members’ health and safety are of the utmost importance; we will reopen the facilities once this work is completed and hope to minimize any inconvenience to you.”
The club is also asking its members who visited the location between May 21 and June 21, 2013 to do the following: “If you used the club’s spa or steam room, and experienced or developed symptoms of this illness between the above mentioned dates or within the last 10 days, please seek medical attention. If you have been diagnosed by a physician or have been hospitalized with pneumonia, please contact Shelby County Health Department at (901) 222-9242 so that they may obtain additional information from you.”
Legionnaires’ Disease features many of the same symptoms as other forms of pneumonia, making it hard to diagnose at first. Symptoms include coughing, shortness of breath, high fever, muscle aches and headaches, all of which usually begin 2 to 14 days after being exposed to the bacteria. This disease is treated using antibiotics.
Legionnaires’ Disease afflicts more than 10,000 people each year.
24 Hour Fitness had not returned request for comment at the time of publication.
UPDATE: 24 Hour Fitness reached out to Club Solutions with the following statement: “At 24 Hour Fitness, the health and safety of our members and team members are of the utmost importance. We were greatly concerned to learn that three individuals received medical attention for Legionella pneumonia following the use of our spa and steam room during separate visits to our club. We care deeply about our members and wish these individuals a full and quick recovery.
When we learned of the situation, we were quick to proactively reach out to our members in writing, and posted signs in the club to ensure members were aware of the concern and what to do if they had been or became ill. We are working closely with the Shelby County Health Department at this time and are performing a comprehensive inspection, cleaning and any necessary remediation of the identified and surrounding areas. In the best interest of our members and staff, these amenities will remain closed until the work is completed. We hope to minimize any inconvenience to our members.”
By Sam Rogers
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Rachel Zabonick-Chonko is the editor-in-chief of Club Solutions Magazine. She can be reached at rachel@peakemedia.com.
