The family of a woman who died of Legionnaires’ disease after bacteria was found at her apartment and at the casino she visited has filed a lawsuit in Clark County.
The family of a Las Vegas woman who died in 2023 has filed a five-count wrongful death lawsuit against The Orleans and the owners of the Harbor Island Apartments.
The six children and the estate of Bettinna Irene Brown-Morales on Sunday filed the lawsuit in Clark County District Court against three limited liability companies that own the apartment complex and against Coast Hotels and Casinos, the Boyd Gaming Corp. subsidiary that operates The Orleans, an off-Strip Las Vegas locals casino property.
The lawsuit accuses the defendants of negligence in preventing the presence and spread of Legionella, the waterborne bacteria known to cause Legionnaires’ disease, a severe form of pneumonia that spreads through the inhalation of contaminated water droplets from showers, sinks, fountains, misters and air-conditioning systems.
The plaintiffs include Clark County residents Nicole, Alex, Matthew and Samuel Funk, Clark County resident Jakob Brown, and Fresno, California, resident Grace Funk, all sons and daughters of decedent Brown-Morales.
According to the lawsuit, Brown-Morales, who lived at the Harbor Island Apartments, later rebranded as The Harmon at 370, a Las Vegas apartment complex, was also a customer of The Orleans.
The lawsuit said black mold and Legionella were discovered in Brown-Morales’ apartment. In addition, the Southern Nevada Health District identified The Orleans as the confirmed source of a Legionella outbreak between Dec. 16, 2022, and March 4, 2023. The district also confirmed the presence of Legionella bacteria in the bathroom sink and shower water in Brown-Morales’ apartment.
Shortly after visiting The Orleans, Brown-Morales experienced shortness of breath, fever, chills and body aches. She was rushed to a hospital emergency room in critical condition on Feb. 16, 2023, and was diagnosed with Legionella pneumonia and placed on ventilator support due to acute respiratory failure.
The lawsuit said despite aggressive medical intervention, Brown-Morales’ condition deteriorated and she died March 4, 2023.
The family’s lawsuit accuses both the 370 Harmon LLCs and The Orleans of negligence, negligent hiring, negligent training, negligent retention and negligent supervision. The lawsuit seeks a jury trial and is seeking damages for medical care and treatment, pain and suffering, physical impairment, mental anguish and loss of enjoyment of life in amounts exceeding $15,000.
Citing company policy regarding responses to litigation, representatives of Boyd Gaming declined comment Tuesday. Representatives of The Harmon at 370 did not return calls Tuesday seeking comment.
