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;