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The travel operator Tui reached a five-figure out-of-court settlement with Gary Cushnie, a 63-year-old British man who contracted legionellosis at the Iberostar Grand Packard hotel in Havana during a vacation in June 2022. The case has been reported by media outlets such as BBC News and ITV Calendar, which detailed the testimony of the affected individual.
Cushnie, originally from Willerby in East Yorkshire, traveled to Cuba with his partner Julie to celebrate her 60th birthday. Six days after arriving, he began to experience chest pain, shortness of breath, loss of appetite, and extreme fatigue. He believes he contracted the infection while showering shortly after arriving at the hotel.
"I did something I never do: I stood under the shower and turned it on. I was just coughing and splashing around. At that moment, I had no idea that with that cough and those splashes, I was spraying myself with Legionella," he declared to ITV Calendar.
Cushnie and Julie were the only couple staying on the fourth floor of the hotel, which he said "clearly had just been decorated," implying that the plumbing had been unused for a long time, a condition that promotes the proliferation of Legionella bacteria.
The situation worsened during the second week of vacation, at a second beach hotel. Cushnie collapsed in the pool fully dressed and took over an hour to walk through the airport departure lounge on the day of their return, having to stop repeatedly to regain strength.
After returning to the United Kingdom, he was transported by ambulance to the Royal Infirmary of Hull, where he remained for over a week. Initially, doctors diagnosed him with pneumonia and pleurisy; blood tests later confirmed Legionnaires' disease, which was treated with antibiotics. The doctors told him that he was lucky to survive.
The illness forced him to retire early. Although he has recovered, chronic sequelae persist. "It has been shocking how much it has affected me. I realize that, even now, it takes very little for me to become breathless and for my energy levels to drop," he stated.
Legionellosis is a severe lung infection that is transmitted by inhaling droplets of contaminated water. It is generally not contracted by drinking contaminated water, and individuals can become infected while showering, flushing a toilet, or using an air conditioning system.
The initial symptoms may be mistaken for those of the flu and, according to the UK's National Health Service, include cough, difficulty breathing, chest pain, and high fever.
Those who contract Legionnaires' disease are treated with antibiotics. Most make a full recovery, but it may take weeks for individuals to return to normal.
The law firm Hudgell Solicitors, which represented Cushnie, argued that Tui did not ensure basic hygiene standards at the hotel, putting their customers at risk. Anne Thomson, the attorney for the case, pointed out that in such litigations, tour operators often deny that the hotel is the source of the infection, which is why her team requested records of hygiene inspections, maintenance, and other incidents of illness.
TUI initially denied its responsibility but ultimately accepted the settlement. A company spokesperson stated, "Since TUI no longer operates in Cuba and did not have access to sufficient evidence, the matter was resolved through an out-of-court settlement, with neither party admitting any responsibility."
The five-star hotel inaugurated in 2018 on Paseo del Prado in Old Havana is managed by Iberostar Hotels & Resorts in partnership with Gaviota, the business group of the Revolutionary Armed Forces of Cuba. Tui ceased its operations in Cuba in May 2024.
"For me, this was not about money, but about Tui acknowledging that they had not taken good care of their customers," concluded Cushnie, according to BBC.
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