WATERDOG
Gemini
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Don't Bother Me, I'm in Havi
 
MENIFEE, CA
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Posted: Jan. 29 2009,11:22 am |
Post # 1 |
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Family of amoeba victim suing city
Attorney: Public notice should have been given
By David Bell
Wednesday, January 28, 2009 10:04 PM MST
The family of a boy who suffered a rare death caused by an amoeba in 2007 has filed suit against Lake Havasu City, Mohave County and the state of Arizona.
David K. Evans filed suit Sept. 4, 2008, in Mohave County Superior court over the Sept. 17, 2007, death of his 14-year-old son Aaron. The suit contends, “The defendants knew or should have known that Windsor Beach 4 was infected with Naegleria fowleri and of the fatal consequences of someone, such as Aaron K. Evans, coming in contact with Naegleria fowleri.â€
Windsor Beach is located at the south end of Lake Havasu State Park, near the north entrance to the Bridgewater Channel.
David Diamond, an attorney with the law firm of Goldberg & Osborne representing David Evans and Aaron’s mother Amber Ricketts, said the issue is that notice should have been given to the public.
“Of course, the question really is what was the extent of the notice the folks (in the city, county and state) had to the presence of the amoeba and to what extent did they know it was a naturally occurring phenomena that could adversely affect people,†Diamond said. “It’s rare but not unheard of, there were other cases in Arizona and the U.S. So the question is, to what degree did the folks have knowledge of the amoeba and what steps did they take to protect the public. Should something have been done before this occurred?â€
Lake Havasu City Attorney Paul Lenkowsky said the Phoenix law firm of Potts & Associates is handling the defense for the city.
“The city intends to vigorously contest the suit,†Lenkowsky said. “We don’t believe that the injury that occurred was a foreseeable risk on the part of the city, under the circumstances in which it occurred.â€
Richard Weldon, who heads up Risk Management for Mohave County, was not available for comment.
Naegleria fowleri is a free-living amoeba found in water and soil worldwide. It’s most commonly found in warm areas of shallow water with little flow or current.
Only the species Naegleria fowleri can infect humans and even then it’s rare because infection occurs when the amoeba enters the nose, generally when a person is swimming underwater or diving. The infection cannot be spread person-to-person.
Health officials said symptoms could take one to 14 days to occur. Symptoms include headache, fever, nausea, vomiting and a stiff neck.
Death occurs generally in three to seven days.
Aaron Evans’ death was the sixth caused by Naegleria fowleri in 2007. Three occurred in the Orlando, Fla., area and two in Lubbock, Texas. A Buckeye boy was killed by the amoeba following a visit to Lake Pleasant in 2006. There was one death reported in 2008 — a 9-year-old boy that was swimming in Lake Elsinore, Calif.
The filing does not state a specific dollar amount sought in the suit, only “money damages sufficient to fully and fairly compensate plaintiff and statutory wrongful death beneficiaries for their losses,†legal costs and “such other and further relief†that the court deems as equitable.
"Damn you sure know how to fock things up."-GFR
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