Ashley Milano  |  May 26, 2016

Category: Labor & Employment

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Ozone Washer SystemA group of laundry employees at Las Vegas’ Luxor Hotel and Casino have filed a federal class action lawsuit alleging that they became seriously ill with ozone poisoning after repeated toxic exposure to industrial ozone washers manufactured by Ozone Solutions.

The industrial grade washing machines mix ozone with water and purportedly increases textile life, reduces energy costs, and allows for shorter wash cycles and drying times. The Luxor Hotel has five ozone washers which Ozone Solutions allegedly maintains.

Ozone (the oxygen molecule O3) is an unstable form of the element and as such is a powerful oxidant, which makes it a good detergent. However, O3 ozone is a primary component of smog and has a strong chlorine-like odor.

According to the Environmental Protection Agency, even short-term exposure to low levels of ozone can irritate the respiratory system, reduce lung function, aggravate asthma, cause permanent lung damage and even premature death, among other dangerous health effects.

Plaintiff Eunice Dominguez, along with five other laundry workers, filed the class action lawsuit directly against Iowa-based Ozone Solutions, the company who develops, manufactures, and distributes the ozone washers.

All six plaintiffs allege they “have repeatedly sought medical help [and] have missed considerable amounts of work due to the symptoms of ozone exposure.”  They claim that Ozone Solutions “knew that there were notable problems with the Ozone generators,” but failed to disclose them to customers.

“In short, the ozone generators are poisoning plaintiffs,” the lawsuit states.

Dominguez also claims that the big machines are not performing according to the specifications of the manufacturer. The ozone washers have broken down, malfunctioned and are negligently maintained, the workers state.

“Ozone Solutions made repeated repairs and maintenance to the Ozone Generators but this did not stop the repeated ozone leaks and overexposures,” the lawsuit claims.

Despite installing new ozone washers or components, the plaintiffs reportedly suffered continued overexposure to ozone, with many being treated for chemical exposure, poisoning, and requiring extensive medical care.

As a result of ozone poisoning, the plaintiffs have increased work absences, and higher medical and hospitalization expenses, the plaintiffs say.

Dominguez, and the other plaintiffs, further claim that Ozone Solutions conspired with Luxor officials and its medical provider, Concentra, to cover up the ozone poisoning, creating a critical health hazard for employees.

“Plaintiffs were repeatedly told that their conditions were merely allergies,” the complaint states. “Upon information and belief, Ozone Solutions was in communication with Luxor and Luxor’s contracted medical services provider Concentra to blame any possible cause of the plaintiffs’ consistent and similar medical conditions on causes other than the Ozone generators. Upon information and belief, Ozone Solutions worked with Luxor in other proceedings to defend and aggressively suppress any allegation that the Ozone generators were the source of the plaintiffs’ multitude of related illnesses.”

The workers cite 22 medical problems they have suffered from ozone exposure, including chest pain, bronchospasm, laryngitis, conjunctivitis, headaches, hoarseness, loss of senses of smell and taste, nausea and vomiting.

“However, after so many of the plaintiffs and those similarly situation showed the same effects of ozone overexposure, there began to be concessions by Concentra’s medical care providers that it was in fact ozone causing the plaintiffs’ conditions.”

Dominguez says Ozone Solutions purposely “concealed the known defects” and the “unreasonable risks” of its ozone washers and she and the other workers would not have agreed to use or even be near the ozone washers had they known of the dangers and risks associated with the machines.

Neither Concentra nor the Luxor are named as defendants.

The laundry workers have filed the class action lawsuit on several counts including product liability, failure to warn, intentional and negligent misrepresentation, negligence and breach of warranty. They are seeking medical expenses and punitive damages.

The plaintiffs are represented by Ryan Alexander of Ryan Alexander, CHTD and Robert Telles of Accolade Law.

The Ozone Solutions Class Action Lawsuit is Eunice Dominguez, et al. v. Ozone Solutions Inc., Case No. 2:16-cv-1141, in the U.S. District Court for the District of Nevada.

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