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Grandad wins huge payout after Benidorm holiday disease left him in a coma

David Marshall launched legal proceedings against Jet2 Holidays, through which he booked the £4,212 holiday

David Marshall, who contracted Legionnaire's on holiday in Benidorm, with wife Dorothy (R) and his son's partner Shelley Haythornthwaite (L)
David Marshall, who contracted Legionnaire's on holiday in Benidorm, with wife Dorothy (R) and his son's partner Shelley Haythornthwaite (L) (Supplied by Champion News)

A British grandad who ended up in a coma after contracting Legionnaires’ disease while on holiday in Benidorm has been handed an £80,000 compensation payout.

David Marshall, 82, began suffering symptoms of confusion, cough, short breath, kidney pains and vomiting during the holiday at the four-star Hotel Presidente, in July 2020.

But on return to the UK, the dad-of-five and grandad-of-six was rushed to hospital, where he was diagnosed with the bacterial infection, Legionnaire's disease.

With his organs at risk of failing, the pensioner, from Nelson, in Lancs, was placed into a coma for a month and had a tracheotomy to help him breathe.

In six weeks in hospital, he lost more than four stone in weight, before launching legal proceedings against tour operator Jet2 Holidays, through which he booked the £4,212 holiday.

Jet2 denied liability for what happened and the case was set for a trial before at Leeds County Court, but the parties have now agreed an out-of-court settlement, under which Mr Marshall will receive a £80,000 payout.

Speaking afterwards, Mr Marshall, who had travelled on holiday with his wife, Dorothy, 81, son David and his partner Shelley Haythornthwaite, said the ordeal had changed his life.

"The experience has left a lasting mark on me," he said.

“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.”

David Marshall, who contracted Legionnaire's disease on holiday in Benidorm
David Marshall, who contracted Legionnaire's disease on holiday in Benidorm (Supplied by Champion News)

Legionnaires' disease is a severe form of pneumonia, which is caused by breathing in water droplets contaminated with Legionella bacteria and can be fatal.

Mr Marshall's solicitor at Irwin Mitchell, Jatinder Paul, 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.”

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