Family filing wrongful death lawsuit over Legionella outbreak in Fulshear community

KHOU11
Author: Janelle Bludau
Published: 5:56 PM CDT July 7, 2023
Updated: 6:11 PM CDT July 7, 2023

FULSHEAR, Texas — Residents in a Fulshear community said they're frustrated over the Fort Bend County Health and Human Services department's response to a Legionella outbreak at a neighborhood clubhouse.

The clubhouse in question is in a 55 and older community and now we're hearing about a wrongful death lawsuit related to the outbreak.

Residents at the Bonterra at Cross Creek Ranch Community said they are fed up with the county health department's lack of communication about the outbreak. Frank Miller, who lives in the neighborhood, said he can't believe they weren't told that somebody had died.

"Nobody gave us any word. We had zero communications from anybody," he said. "The transparency is, for all purposes, nonexistent."

He said the health department allowed a large gathering at the clubhouse even after knowing about the outbreak.

"They had the normal bingo game was scheduled here expecting 100 to 150 people. This was known to them a week before. They didn't shut the place down," Miller said.

The health department hasn't been able to confirm the exact source of the outbreak but did say they now have four confirmed cases of Legionellosis and four suspected cases.

According to the health department, Legionella is a bacteria that occurs naturally in freshwater environments and can become a health concern when it grows and spreads in human-made water systems, like shower heads, community pools and even air conditioning systems.

The bacteria can cause Legionellosis, or Legionnaires' disease, which is a serious type of pneumonia.

One person who had the disease passed away, but the health department has yet to determine the cause of death.

Lawyers for the family of the person who died identified them as Antoinette Marinchak. A friend who didn't want to be identified said "Annie" was a lively neighbor who was involved in the community.

"She went and played poker with the men on Fridays," the friend said. "She was always at every card game, the games, she went on a cruise, she went on a casino trip. She loved life. She was full of life."

After an outbreak at a community clubhouse in Fulshear, the Ft. Bend Co. Health Dept. tells us a person diagnosed with Legionnaire's Disease passed away, but they don't yet know her actual cause of death. The lawyer for her family says that person was Antoinette Marinchak. @KHOU pic.twitter.com/rCAtiC6Ter

— Janelle Bludau (@JanelleKHOU) July 7, 2023

Miller said the community was never informed about the death. KHOU 11 was also not initially told about the death. 

When asked about why they didn't disclose that information, the health department gave us this statement:

"Fort Bend County Health and Human Services’ (FBCHHS) case notifications to the public are primarily driven by the need for thorough epidemiology investigation through confirmatory labs and/or confirmed cause of death that is directly linked to the disease under investigation.

"Although we are aware that a person with Legionnaires' disease passed away, FBCHHS, Epidemiology Division has not received a death certificate that identified Legionnaires' disease as the cause of that death. It is very important that we do not share any information that might lead people to believe that an unconfirmed association exists.  This method of reporting is consistent with every reportable disease in which a death occurs.

"FBCHHS is diligently conducting thorough investigations to identify confirmed Epidemiology cases. These procedures are necessary to avoid any premature or inaccurate information.

"FBCHHS remains committed to providing accurate and timely information to the residents to ensure the health and safety of all Fort Bend County Residents.

"As of 7/7/2023, FBCHHS has 4 confirmed and 4 probable cases of Legionella."

However, Miller believes the community should have been informed about the death.

"Up until this moment, we have gotten zero notification that there was a death," he said.

The Bonterra Home Owners Association also gave KHOU 11 this statement about their actions regarding the outbreak:

"The health and safety of our Bonterra community members is of the utmost importance to us, and we wish the residents within our community who have become sick a quick and full recovery. This has had our constant attention since we became aware of the matter and we are working diligently to follow the direction of the Fort Bend County Health and Human Services department who is the public’s lead for mitigating and responding to Legionella’s exposure.

"The Bonterra team has worked closely with the Ft. Bend County Health & Human Services department and others to address this evolving situation based on the best advice we have received from experts. We were instructed by the County to close the pool late in the evening on June 28 after the Bingo night. Out of an abundance of caution, early the following morning, June 29, we went beyond the county’s recommendation and closed the entire clubhouse. To our knowledge none of the presently confirmed and probable cases are attributable to the Bingo night. Going forward, the County is actively working to provide a mitigation plan in compliance with CDC guidance, and we look forward to implementing that as soon as possible."