Gary Cushnie brought forward his retirement because he feels ‘totally exhausted’
Gary Cushnie and his partner Julie before their holiday in Cuba(Image: supplied image)
Package holiday specialists TUI have agreed a five-figure compensation settlement, though have not admitted liability, with a customer who was diagnosed with Legionnaires’ disease – and spent more than a week in hospital – after returning home from a holiday in Cuba. Gary Cushnie, 63, began to feel ill six days into the trip with his partner Julie, in June 2022, suffering from chest pains, shortness of breath and a loss of appetite which left him feeling “totally exhausted”.
Such was the impact on him, for the final week of their two-week holiday, the couple stayed in their hotel and he mostly laid on covered sun beds, or sat in the shade, not having the energy to do any more. Having endured an eight-and-a-half-hours flight back to the UK, Mr Cushnie was too ill to drive home from the airport, with Julie having to take over mid-journey.
When they got home to East Yorkshire, Julie had to call NHS 111 as he was showing no sign of improvement, and he was taken to Hull Royal Infirmary by ambulance, where he remained for more than a week. He was diagnosed with pneumonia and pleurisy, and then, after blood tests were taken, Legionnaires’ disease was confirmed, which was treated with intravenous antibiotics.
Today, more than three-and-a-half-years later, Mr Cushnie says he still feels the effects of having contracted the disease. “It has been shocking just how much it has impacted on me,” he said.
“I find that still, even now, it takes very little for me to get out of breath and for my energy levels to drop. I was in reasonably good health before this happened, so the impact has been significant.
Gary and partner Julie on the second week of their holiday(Image: supplied image)
“I also have to wear a mask at night now to help my breathing, and I have to take a lot more tablets to manage my blood pressure. I also brought my retirement forward a couple of years, again because I feel totally exhausted much of the time.”
Mr Cushnie said neither he nor his partner Julie had any idea what had caused him to fall so ill on holiday until he had the diagnosis of Legionnaires’ disease on returning to the UK. “It was only when it was known that I had Legionnaires’ disease that questions were asked, and we thought back to the first of the two hotels we had stayed in when we arrived in Havana,” he said.
“We were one of seven couples on the flight to go to the hotel but the only ones on the fourth floor, which had clearly just been decorated. The hallways, and our room, smelled of fresh paint, and there were specks of paint on the floors.
“I went for a shower as soon as we arrived and when I turned it on it firstly coughed and spluttered, before the water then began to flow freely. I thought nothing of it at the time, but within days I began to feel awful.
“I started having dizzy spells and suffering from chest pains and was sweating and quickly getting out of breath, having to use a lift to go up a single flight of stairs. I also lost my appetite, had no energy at all and wasn’t able to walk far.
“For the rest of the holiday, when we were at the second hotel at a beach resort, we did very little, even on Julie’s 60th birthday as I just didn’t feel well enough. We didn’t leave the hotel and I just laid on the covered sun beds or sat in the shade.
“At one point I was so weak that I collapsed into the swimming pool fully clothed on my way back to our room in the early afternoon. At the airport on the day of our departure it took me over an hour to walk the length of the departure lounge to our gate to board our flight.
“I had to keep stopping to lay on seats so I could regain some strength.” As part of a legal claim against TUI, Hudgell Solicitors, a firm which specialises in supporting people who suffer injury and illness abroad, alleged that Mr Cushnie had contracted Legionnaires’ disease in the first of two hotels they stayed in on their holiday.
Anne Thomson, an expert in holiday injury and illness cases at Hudgell Solicitors, represented Mr Cushnie, and said: “It was our case that the source of Mr Cushnie’s Legionella infection was the hotel in Havana, and that TUI had failed to ensure adequate hygiene standards at the hotel, placing customers at risk of infection.
“In cases like this, package holiday operators often deny that one of the hotels they use has been the source of the infection, as holidaymakers have usually been out and about enjoying local restaurants, where of course they come into contact with various water systems. It is why we request to see policy documents and records from the travel operators themselves, and from the hotels they send guests to, in terms of hygiene inspections and safety checks, cleaning and maintenance records, and records of any other incidents of illness, and in particular, cases of Legionnaires’.
“We were pleased that TUI agreed to settling the matter without the need to go to court.” TUI no longer operates in Cuba and did not have access to sufficient evidence, resulting in the offer of the settlement without any admission of liability.
Mr Cushnie says he now takes extra care wherever visiting any hotels before using any water system. “I’ve since been advised to go into the bathroom at hotels when you first arrive and turn on all the taps, in the sink, shower or bath, and leave the room to let them run for a minute or so, to ensure the system has been cleared. I do this every time now and have told others to do this as well,” he said.
“It’s had a shocking impact on me and I would like to express my sincere thanks to Anne at Hudgell Solicitors for her outstanding support. This was not about the money for me, it was about TUI recognising that they had failed to look after their customers.
“Anne’s professionalism, communication, and dedication were excellent from start to finish.” A TUI spokesperson said: “We are very sorry to hear about Mr Cushnie’s illness and appreciate how distressing this must have been.
“As TUI no longer operates in Cuba and did not have access to sufficient evidence, the matter was resolved by way of an out‑of‑court settlement, without any admission of liability.”
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