The notice was filed on behalf of Tricia Van Putte and her two young children, who are the named plaintiffs in the class action lawsuit. Mr. and Mrs. Van Putte and their two children became ill with Cryptosporidiosis days after visiting the Sprayground. Symptoms included diarrhea, abdominal cramping, nausea, vomiting, fever, headache, and loss of appetite. Their illnesses were confirmed as Cryptosporidiosis by the State Health Department.

The New York State Health Department shut down the Sprayground on August 15, 2005 after it was determined that the Sprayground’s water holding tanks, which were used to recycle water, were contaminated with Cryptosporidium. On August 26, 2005 the Health Department issued an update on its investigation into the outbreak, announcing that 3,297 cases of Cryptosporidium had been reported in 33 New York counties. Of those cases, 415 were confirmed cases reported to the State Health Department. Thirty-three people had been hospitalized with Cryptosporidiosis.

“Whether they are publicly or privately operated, all water parks should have sanitation measures in place to prevent outbreaks. The majority of people who play in sprayparks and pools are children – the most vulnerable population to parasites and pathogenic bacteria,” said the attorney representing the plaintiffs.