IN THE. COURT OF CLAIMS OF THE
STATE OF ILLINOIS cou Fl
MATTHEW DEHN, as Independent Tope D
“Administrator ofthe Estate of He yg CAI
‘VALDEMAR 1, DEN, deceased, etry, 2098
-
onan
Claimant, SO Si,
rool
. No. ” Cling,
STATE OF ILLINOIS, ILLINOIS
DEPARTMENT OF VETERANS AFFAIRS
and THE ADJUTANT ILLINOIS VETERANS
HOME - QUINCY, alk’a
QUINCY VETERANS’ HOME,
Respondent.
[NOW COMES, Claimant, MATTHEW DEH, as Independent Administrator ofthe Estate
of VALDEMAR L. DEHN, deceased, by and though his ttomey, KRALOVEC, JAMBOIS &
‘SCHWARTZ, pursuant to Sections 505/8(8) and SOS/er seg ofthe Minos Court of Claims Aet (105
1S 50S'8(d), and for is Complaint states as follows:
NATURE OF THE CLAIM
|, This action sounds in tort forthe nepligene of Respondents resting in personal
‘injuries and deth of Claimant and for damages tothe Claimant andClsimant'snext-oCkin, es Would
tie under common law, the Survival Act and Wrongful Death Act stemming from the negligent
nmaintenance ofits water systems and inffastructres which caused the widespread outbreak of
Legionnaires Disease.
SURISDICTION
2. This Courthas jurisdiction to hear this Complaint and to adjudicate the claims states‘erin prsuant to Section $05'() ofthe Ina Court of Clams Act (705 ILCS 508/84),
EACTUAL ALLEGATIONS
3. Atallimesrslevant hereto, Respondent, QUINCY VETERANS" HOME, wasalong
term care fait for veterans operate bythe State of Minos Department of Veterans’ Afar
4. Onorbetweon July 242015 and August 31,2015, there was a Legionella outbreak
atthe QUINCY VETERANS’ HOME thateiginstd in Respondent's water system thre resulting
in he death of several residents.
5. Atallsimes subsequent to the 2015 outbreak referenced above including April 28,
2016 to Octobe, 82017, Respondent, QUINCY VETERANS" HOME, knew or should haveknown
ofthe presence of Legionella growth within its water system,
6, Between April 28,2016 o Ocober8, 2017, VALDEMAR L, DEHN, deceasd, was
‘resident ofthe Adjutant Ilinos Veterans Home in Quine, Minois (hereinafter refered 0 as
“QUINCY VETERANS’ HOME)
7. At some point between April 28, 2016 to Ostober 8, 2017, there was another
Legionelta outbreak atthe QUINCY VETERANS" HOME that originated in Respondent's water
systems thee
& Onor about October 4, 2017, Chimes, VALDEMAR I, DEHN, began showing
symptoms of Logionnites’ Disease
9, Onorabout October 4, 2017, Clsininl, VALDEMAR L. DEIN, fil and was
ultimately diagnosed with pneumonia requiring hospitalization at Blessing Hospital beginning on
October 8, 2017.
10, On October 12,2017, Claimant, VALDEMAR L, DEHN, died. The cause of death
‘was documented as sepsis broachopneumonia due to (or as a consequence of) Legionella‘pneumophila.
11, Onorabout the above-referenced dates, the Respondents owed a duty of care tothe
Claimant to safely and reasonably operate its water system inthe QUINCY VETERANS’ HOME
nd breached its duty to the Claimant on that date in one or more ofthe following respects:
[Negligently and caclssy filed to reasonably maintain an old plumbing
system, when itknew or should have known, that natural biofilms grow inthe
Negligently and carelessly filed to provide adequate chlorination in its
plumbing and water systems;
"Negligently and carelessly filed to remedy decreased water flow in its water
sand plumbing systems;
Nepligently and carelessly filed to mect ASHRAE Standard 188-2015
allowing system contamination and dissemination of Legionella in that they
failed o provide optimal biocide treatment and operate an unclean system;
"Negligently and carelessly filed to insure that its water towers were filled
and allowed water to collect in the stem of the water tower exposed to
‘sunlight fr an unreasonable perio of time;
[Negligent ard carelessly filed to insure and maintain itsperipheral delivery
system a the appropriate temperatures in its hot potable water holding area
to avoid Legionella growth;
[Neeligently and carelessly filed to provide backflow prevention devises
‘throughout the water dstibution system and multiple connects at the city
‘water main cresting an ereglae flow of water throughout the IVE potable
‘water system resulting in stagnant water;
wvater
[Negligently and carelessly failed to maintain a comprehens
rmanagement plin or # Legioucla preveation plan in violation of
ANSUASHRAE Standard 188-215;
Negligently and carelessly filed to maintain its point of use faucets and
showerheads with a filer capable of removing Legionella bacteria from
‘potable ot water systems;
Negligentlyand careless filed to insure adequate disinfection levels within
the potable water systems;