$1M lawsuit alleges woman died from Legionnaires’
“This disease is 100 percent preventable if you just properly treat and chlorinate water.” Jory Lange, attorney for the family of Antoinette Marinchak, 76, of Fulshear
The family of a woman who died after allegedly being exposed to contaminated water is suing both the owner and management company of a 55-yearsand-older Fulshear community, claiming that their negligence resulted in her death.
The lawsuit, filed Monday, alleges that Antoinette Marinchak, age 76, died from Legionellosis, commonly called Legionnaires’ disease, after using the facilities in the Bonterra at Cross Creek Ranch clubhouse.
Marinchak’s family is requesting more than $1 million in damages from owner Bonterra at Cross Creek Ranch Community Association Inc. and management company Johnson Development Corp.
Both the association and management company declined to comment on the lawsuit.
The lawsuit states water in the clubhouse was inadequately chlorinated, allowing the Legionella bacteria to flourish and infect Marinchak and three other community members.
“This disease is 100 percent preventable if you just properly treat and chlorinate water,” said Jory Lange, attorney for Marinchak’s family.
According to the Centers for Disease Control, Legionnaires’ disease is a serious form of pneumonia caused by Legionella bacteria.
Infection occurs when an individual breathes in small droplets of water or accidently swallows water containing Legionella into the lungs.
“Antoinette Marie Marinchak inhaled and/or aspirated aerosolized Legionella carried from the clubhouse, its pool and spa, and its other water systems located within the Bonterra at Cross Creek Ranch community,” the lawsuit says.
Marinchak began experiencing symptoms on June 12 and was diagnosed with Legionnaires’ disease. She was hospitalized the following day and died June 28.
Marinchak was one of four people to contract Legionnaires’ disease from the Bonterra clubhouse.
The Fort Bend County Health and Human Services confirmed that four individuals contracted Legionnaires’ disease from the clubhouse in an email July 6, noting that one person who had Legionellosis died. The department did not confirm the person’s identity or cause of death.
No further deaths have been reported.
According to the World Health Organization, individuals over the age of 50 account for most of the reported Legionnaires’ disease cases. Lange contended as a community for individuals aged 55 and older, Bonterra should have been vigilant with decontamination procedures.
“The people of this community are high-risk for complications from these diseases just based on age,” Lange said. “The people who run this community have a responsibility to the safety of the residents of the community.”
In addition to reimbursement for medical expenses, the family is requesting damages for the emotional trauma the family experienced during Manichak’s hospitalization.
“(Manichak) was intubated and in a medical coma. She fought and suffered for two weeks before she died,” Lange said. “It was a really difficult time for the family, especially since she was in perfect health, healthier than most women her age, before she died.”