Widow sues UPMC Mercy over husband’s death, saying he contracted Legionnaires’ disease at the hospital

Ida Goldstein says her husband Robert was in good health before he died from Legionnaires' disease. (WCBS via CNN Newsource)

PITTSBURGH, Pennsylvania (KDKA) -- A lawsuit says a man walked into UPMC Mercy for treatment of an infected elbow, and 19 days later, he was dead.

His widow is accusing the hospital and two physicians of negligence, saying he had contracted Legionnaires’ disease while he was a patient, was discharged despite warning signs of infection, and died after returning to the hospital, critically ill.

Barbara Primiero says her husband, 62-year-old Reno Primiero, came to UPMC Mercy on Nov. 4, 2024, seeking treatment for a swollen, painful arm. He was admitted with a serious elbow infection and underwent surgery. The lawsuit says doctors knew he was immunocompromised, making him especially vulnerable to serious infection.

But during the next three days, the lawsuit says his condition changed. Attorneys say Reno Primiero developed a fever, productive cough and declining oxygen levels.

Despite what the lawsuit calls “clear warning signs” of a potentially hospital-acquired illness, attorneys say doctors documented Reno Primiero as “medically stable” before discharging him on Nov. 7 without further workup, chest imaging or Legionella testing.

Four days later, Primiero was back. The complaint says he returned struggling to breathe, was diagnosed with hospital-acquired pneumonia, later tested positive for Legionella, developed septic shock and respiratory failure, and was eventually placed on a ventilator in intensive care and died Nov. 23.

The lawsuit claims those complications could have been prevented had doctors recognized and treated the infection before he was discharged.

The lawsuit also alleges Reno Primiero contracted Legionella from UPMC Mercy’s water system, accusing the hospital of failing to properly monitor for contamination, protect high-risk patients and recognize warning signs before sending him home.

UPMC strongly disputes those claims. In a statement to KDKA-TV, Paul Wood, vice president and chief communications officer, says:

“UPMC Mercy appropriately reports positive legionella cases to the Allegheny County Health Department, which conducted extensive testing on November 20, 2024, to determine whether legionella pneumophila was present. The testing came back negative.”

UPMC has not yet filed a formal response in court.