CONWAY, S.C. (WBTW) — Two weeks after using a hot tub in his South Carolina home, 72-year-old Wayn Van Der Plaats was fighting for his life, his body racked by a deadly bacteria that causes Legionnaires’ disease.

Van Der Plaats died Oct. 22, 2023 of multifocal pneumonia after two days at the Conway Medical Center. A lawsuit filed Tuesday by his wife Kelly in Horry County Common Pleas Court blames North Carolina-based Hot Tub Taxi, its owner Darius Clark and Oceanside Pools LLC.

The hot tub was sold contaminated with legionella bacteria “without making any effort to sanitize the hot tub, warn plaintiff and plaintiff’s decedent and legionella contamination or provide adequate instructions to allow (both) to sanitize the hot tub,” according to the lawsuit.

Raleigh-based Hot Tub Taxi delivered the hot tub, which was serviced by Oceanside Pools. News13 has reached out to Hot Tub Taxi for comment.

Legionnaires’ disease hospitalizes between 8,000 and 18,000 people annually, with a mortality rate of between 15 and 20%. Smokers, people with weakened immune systems and those over the age of 50 are most at risk.

Van Der Plaats’ lawsuit details how improperly maintained hot tubs and spas can be incubators for the legionella bacterium by allowing the formation of a “slime layer” that gives it time to colonize.

“In hot tubs, legionella becomes trapped in the bubbles from aeration. When the bubbles break the surface, they burst and release fine droplets that contain the microorganism,” the complaint states.

A 2017 American Pool and Spa Professionals fact sheet said legionella bacteria “are easily controlled if adequate sanitizer concentration is maintained at all times. No outbreaks have occurred when the water in the spa is properly maintained.”

Van Der Platts’ lawsuit faults plaintiffs for not adequately testing water pH and disinfectant levels, and failing to comply with local, state and national standards.