investigation was getting

underway, the scientific

investigation into the

Legionnaires' outbreak was also

getting organized.

>> We started meeting with the

state regularly.

And when we first started

meeting with them, they were

very collegial, and it was

pretty much, "We will open the

keys to anything if it can help

understand this."

>> NARRATOR: Shawn McElmurry

had pulled together a team of

23 scientists and experts from

around the state.

>> We were all focused on making

sure that we didn't have another

outbreak, another season

outbreak.

And so there was a lot of

pressure to get this done by the

time summer started.

>> NARRATOR: But as the months

went by, the team says the

state wouldn't authorize them

to start the search for the

source of the outbreak.

Dr. Zervos was the

infectious-disease expert, and

he was worried about the delay.

>> It was critical to start

right away, because by June, we

expected to see more cases of

Legionnaires' disease, and there

would be more deaths, which is

what we expressed in a meeting

that included top leadership at

MDHHS.

>> NARRATOR: The scientists say

they met with Nick Lyon to urge

him to step up surveillance for

Legionnaires' cases.

>> I remember my colleague

telling him that if he didn't do

that, you know, people could

die.

Unfortunately, Nick Lyon's

response was that, "Well,

they have to die of something."

>> I, I was, you know, I was

flabbergasted, and I didn't

say anything right then.

Although it was a situation

where you're just, I mean,

you're just in shock as a result

of him saying that, of the

director of the health

department.

>> NARRATOR: Nick Lyon declined

to be interviewed.

In a letter, his attorney said,

"Director Lyon did not make that

crass remark."

He said the team's work was one

of Lyon's top priorities and

blamed any delays on the

scientists.