The dad from Lancashire has been awarded £80,000 in compensation
David Marshall on holiday with his family(Image: Submitted)
A dad-of-five from Nelson spent a month in a coma after contracting a deadly infection while on holiday in Benidorm.
Retired union official David Marshall had travelled to the popular Spanish resort with his wife and their son and daughter-in-law in July 2020 after the first Covid lockdown. The family holiday, at the four-star Hotel Presidente, cost £4,212.
While on holiday, the 82-year-old developed symptoms including confusion, a cough, shortness of breath, kidney pains and diarrhoea as well as vomiting. When he returned to Lancashire David was rushed to hospital where he was diagnosed with the bacterial infection Legionnaire’s disease. With his organs failing, David was placed in a coma for four weeks, He also underwent a tracheotomy through the neck to help him breathe.
David, who spent six weeks in hospital and lost more than four stone in weight, instructed serious injury lawyers at Irwin Mitchell to investigate and help him access the specialist support and rehabilitation he needs.
The law firm launched legal proceedings against tour operator Jet2 Holidays through which David booked his holiday. With the case heading to trial, Jet2 agreed an out of court settlement of £80,000 three weeks before the trial was due to start. It denied liability.
David and his legal team are now warning of the dangers of Legionnaire’s disease.
Jatinder Paul, the specialist international serious injury lawyer at Irwin Mitchell representing David, said: “Legionnaires’ disease is a devastating illness and can have life-changing or even fatal consequences.
“David and his family remain upset at what happened. While nothing can make up for their ordeal, we’re pleased to have secured this settlement which compensates David for what he has endured and also ensures he will be able to access any future support he may require.
“Large public buildings with complex water systems – such as hotels – are at a greater risk of the bacteria which causes Legionnaire’s disease. Therefore, it’s vital that all safety measures possible are taken.
“With Benidorm a popular all-year-round destination for Britons we urge tour operators, who are responsible for ensuring the safety of holidaymakers, to ensure the highest hygiene and safety standards are always upheld.”
David said that the air conditioning in his room at the Hotel Presidente was noisy and dripped water. On one occasion it left a pool of water on the floor.
David and his wife on holiday(Image: Submitted)
He said: “Life has been completely different since I became ill. The experience has left a lasting mark on me.
“Even five years on my memory just isn’t what it used to be, and I find myself short of breath far more easily than before. However, despite everything, in some respects, I know I’m fortunate, as things could have ended much worse.
“My family went through a terrible time while I was in hospital. It’s deeply upsetting to think of them having to face the possibility that I might not pull through. Towards the end of the holiday, I was so unwell that all I wanted was to get home before things got any worse.
“Nothing can ever make up for what I’ve been through, but I just hope that by speaking out others are aware of the signs and symptoms of Legionnaires’ disease and how serious it is.”
A spokesperson for Jet2 said: “We can confirm that we have reached a settlement in relation to an incident which occurred in 2020.
“The health and safety of our customers is extremely important to us, and we are of course extremely sorry to hear about this experience.”
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