Tui settles hotel Legionnaires' disease claim

David McKennaEast Yorkshire and Lincolnshire
Family photograph A couple, both about 60 years old, standing outside in the dark, with lights visible in the background. The man on the left has short grey hair and a matching beard and is wearing glasses and a pale pink T-shirt. The woman on the right has long blonde hair and is wearing ear studs and a white top.Family photograph
Gary Cushnie spent more than a week in hospital

A British holidaymaker who contracted Legionnaires' disease in Cuba has received a five-figure settlement from his holiday provider, according to his solicitor.

Gary Cushnie, from East Yorkshire, began feeling ill six days into the trip with his partner Julie, in June 2022, and was hospitalised on his return to the UK.

Hudgell Solicitors, which represented Cushnie, alleged the 63-year-old had contracted Legionnaires' at the first of two hotels the couple stayed in, the Iberostar Grand Packard, in Havana.

Tui confirmed it had reached an out‑of‑court settlement without any admission of liability. Iberostar and the hotel have been contacted for comment.

Cushnie said he had no idea what caused him to fall so ill until he received the diagnosis after spending more than a week in Hull Royal Infirmary.

"We were one of seven couples on the flight to go to the hotel, but the only ones on the fourth floor, which had clearly just been decorated," he said.

"I went for a shower as soon as we arrived and when I turned it on it firstly coughed and spluttered, before the water then began to flow freely.

"I thought nothing of it at the time, but within days I began to feel awful."

Family photopgraph A man and woman in an airport. Gary, on the left, has grey hair and a beard and is wearing spectacles. Julie, on the right, has long blond hair and is wearing a grey top.Family photopgraph
Cushnie travelled to Cuba with his partner Julie to celebrate her 60th birthday in June 2022

After moving to the second hotel for the remainder of their stay, Cushnie said he spent most of the time lying on a covered sunbed and felt too ill to celebrate his partner's 60th birthday.

"At one point I was so weak that I collapsed into the swimming pool fully clothed on my way back to our room in the early afternoon," he added.

Anne Thomson, from Hudgell's, said: "It was our case that the source of Mr Cushnie's Legionella infection was at the Iberostar Grand Packard hotel in Havana."

She alleged Tui had failed to ensure adequate hygiene standards at the hotel, placing customers at risk of infection.

"We were pleased that Tui agreed to settling the matter without the need to go to court," she added.

In response, a spokesperson for Tui said: "We are very sorry to hear about Mr Cushnie's illness and appreciate how distressing this must have been.

"As Tui no longer operates in Cuba, and did not have access to sufficient evidence, the matter was resolved by way of an out‑of‑court settlement, without any admission of liability."

Cushnie urged people to take extra care when using hotel water systems.

"It has been shocking just how much it has impacted on me," he said. "I find that still, even now, it takes very little for me to get out of breath and for my energy levels to drop.

"This was not about the money for me, it was about Tui recognising they had failed to look after their customers."

What is Legionnaires' disease?

Legionnaires' disease is a serious lung infection transmitted by inhaling droplets of infected water.

It is not usually contracted by drinking contaminated water and people can become infected when taking a shower, flushing a toilet or from an air conditioning system.

Initial symptoms can be confused with influenza and, according to the NHS, include a cough, shortness of breath, chest pains and a high temperature.

Those who catch Legionnaires' disease are treated with antibiotics.

Most make a full recovery but it can take weeks for people to get back to normal.

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