'I am lucky to be alive': Kerry hotel apologise as woman who contracted disease in spa settles action

An apology was read out in the High Court today to the woman who contracted Legionnaires Disease after using the spa facilities of a five star luxury hotel in Co Kerry.

The apology was given in court by the Muckross Park Hotel, Killarney and and NCH Ireland Limited (Chem Aqua) to Mary Kelleher from Cork who got Legionnaires Disease after staying in the Muckross Park Hotel in August 2015 as a special treat to celebrate her silver wedding anniversary.

Mr Justice Kevin Cross was also told the case had been settled and the apology was then read to the court by Eoin Clifford SC for the hotel and NCH Ireland Ltd.

Muckross Park Hotel and NCH Ireland in the apology sincerely apologised to Mrs Kelleher and her family “for the very serious injuries she suffered following her contraction of Legionnaires Disease at the Muckross Park Hotel in August 2015.”

It added: “We wish to assure Ms. Kelleher as the owners of the hotel, we have made significant investment in the facilities and a best practice legionella prevention programme since we purchased the hotel in 2015. “

The apology further stated:

"The hotel has implemented substantial changes to ensure that there is no reoccurrence of this event. We do not underestimate the profound distress and impact that this has had and continues to have on her life.”

The details of the settlement are confidential.

Mr Justice Cross said he was very pleased The case had settled. He said he hoped Mrs Kelleher can get back to as much health as she can.

Mary Kelleher when she got the Legionnaires Disease was in the induced coma for three weeks in hospital intensive care and when discharged from hospital after 54 days it was in a wheelchair and with crutches.

Mrs Kelleher and her husband Jer of Waterfall, Co Cork had decided to “splash out” on a stay in the five star luxury hotel in Killarney, Co Kerry to celebrate their 25th wedding anniversary in advance of special mass and party at their family home.

She told the High Court she went to the spa after check in and “tried everything “including the pool, the sauna, steam room and the hot and cold spa pool. After they checked out, she said the couple were “on top of the world and very happy.”

But within days she was feeling unwell, her muscles were aching and she was very tired.

“I was aching stiff and tired. I put it down to the late night at the party. The house was full of food and I had no appetite, she said.

She went to the doctor and a viral infection was suspected but she was feeling tired and she said it was “like my muscles were losing power”. When she went back to a doctor she was told she had pneumonia and was transferred to the Bon Secours Hospital in Cork.

“I can remember being admitted and put in a ward but I don’t remember anything else.”

When she woke up from her induced coma three weeks later, she thought it was the next day but a nurse said “welcome back it is September 9 and you are in hospital.”

She added: “I didn’t realise for weeks how sick I was and how close I came to dying. I couldn’t talk.”

Mary Kelleher (55) of Ballyshoneen, Waterfall, Co Cork had sued INUA Hospitality Series 2 Ltd with offices at Little Island, Cork and trading as Muckross Park, Hotel Killarney and specialist water treatment business, NCH Ireland Ltd trading as Chem Aqua with offices at Wilton Park House, Wilton, Place Dublin after she was exposed to and contracted Legionnaires Disease after using the hotel spa facilities when she was a guest there on August 6/7, 2015.

Outside court today Mrs Kelleher said she was lucky to be alive but she will have to “live with the consequences of contracting Legionnaires Disease for the rest of my life.”

In a statement read by her solicitor Amy Connolly she added: “On the 6th of August 2015 my husband and I travelled to the five star Muckross Park Hotel, Killarney, County Kerry for an overnight spa break to celebrate our 25th of waiting anniversary little did I know that it it would almost claim my life.”

It added: “What upsets me most is that my illness could have been prevented.

"I hope that by highlighting this issue the hospitality industry will sit up and take note that Legionnaires Disease is a very real risk to all customers.”

Spa operators, she said, need “to be alert to the dangers lurking in their water systems.”

“I also hope that my story will raise people’s awareness of Legionnaires Disease . People who go to a spa in Ireland should expect to leave it as healthy as when they entered," the statement concluded."

Opening the case on Wednesday, Mrs Kelleher’s counsel Pearse Sreenan SC instructed by Amy Connolly of Cantillon Solicitors told Mr Justice Kevin Cross liability was admitted in the case earlier this week and it was before the court for assessment of damages only.

Counsel said Mrs Kelleher suffered life changing injuries and at one stage in hospital her husband was told nothing more could be done for her.

“Her quality of life has deteriorated and is never going to recover,” Counsel said as he told how she now suffers from considerable chronic fatigue.

He said Mrs Kelleher had flu like symptoms which continued and she went to a doctor on August 12 and then again two days later but was admitted to hospital on August 16, 2015. Counsel said she was transferred to intensive care because of the severity of her symptoms.

Mrs Kelleher Counsel said had to be intubated and ventilated and Legionnaires disease, which is a pneumonia caused by a type of Legionella bacteria was confirmed.

When she woke from the induced come Counsel said she was in very poor condition and did not know where she was.

She had to use a walking stick and needed intensive physiotherapy. She was discharged from hospital after 54 days on October 9, 2015.

Counsel said a HSE incident control team was convened on August 18 to look in to the matter. Mr Sreenan said bacteria was traced back to the hotel and the indoor cold spa pool was thought to be the most likely source of infection and decommissioned.

Counsel said Mrs Kelleher through a Freedom of Information request gained access to the report on the incident relating to herself and other suspected cases since 2010.

He said she became very frustrated indeed and this fed in to her upset and distress about the incident.