Attorney Rick Fried believes the state Department of Health and the city failed to adequately warn beachgoers — including his client, Lisa Kennedy — about the potential dangers of going in the water in the early days after the diversion of sewage into the Ala Wai Canal.

Kennedy says she contracted five different bacterial infections after surfing off Waikiki Beach.

"It is a matter of not warning when (the state Health Department and the city) knew there was a risk. And why that wasn't done is something I haven't seen addressed," Fried said at a news conference yesterday.

Kennedy, a 40-year-old Waikiki waitress, remains hospitalized at The Queen's Medical Center fighting off several bacterial infections — four of which are associated with human feces, Fried said.

"Her infectious disease doctor ... has concluded it is highly probable that she obtained these bugs from the raw sewage in the water," Fried said.

The state Health Department would not comment about Kennedy's case in particular but did issue this statement in regard to the posting of water contamination warning signs: "The state exercised its best judgment based on the best information we had at the time."

Kennedy, a novice surfer, paddled out on March 28 with her boyfriend and two friends visiting from the Mainland at a spot known as Kaisers near the Hilton Hawaiian Village. That was four days after the city began pumping millions of gallons of sewage into the Ala Wai Canal.

After about an hour of surfing, Kennedy received a gash on her right buttocks after crashing into coral, Fried said. That wound created an entry point for bacteria, he said.

Water contamination signs were posted where the state says it found hazardous levels of contamination, but not where Kennedy was surfing, state Health Department officials said. Fried said his client had no knowledge that the city was pumping raw sewage into the waters. Even if she had, he said it should not matter.

"They tell me they had not seen (news coverage about the sewage pumping), but whether they had or not, there would have been no indication not to go into the area they were going. That beach was wide open," Fried said.

Signs did appear the day after Kennedy went surfing, said health officials. But that was too little, too late, said Fried.

Fried and his client have not yet decided whether to sue, but Fried said he will continue to investigate why signs were not posted sooner.

Both the state and the city would be the target of legal action if Fried decides to take any, he said.

Kennedy's situation differs slightly from that of Oliver Johnson, who died last week after he apparently got into a fight and ended up in the sewage-tainted Ala Wai Boat Harbor. Johnson had three different bacterial infections — one of which causes flesh-eating symptoms. Kennedy does not have those bacteria and her infection is not life threatening, said Fried.

Dr. Francis Pien, an infectious disease specialist, is not treating Kennedy but said the presence of aeromonas — one of the five bacteria Kennedy has — normally signals contact with water.

But since Kennedy also is infected with several bacteria connected with fecal matter, that "usually speaks for some contaminated wound," Pien said.

Following her injury, Kennedy sought medical attention at a Waikiki clinic and was later taken to The Queen's Medical Center emergency room. There she received five stitches and was placed on an oral antibiotic, Fried said.

Kennedy's condition progressively worsened — she had cold sweats and her 4-inch-wide wound was seeping pus, Fried said. After receiving daily care at a Waikiki clinic, Kennedy again visited The Queen's Medical Center on April 3 and has remained there since.

She is on a slow morphine drip for pain and is also receiving antibiotics intravenously, Fried said. He did not know when Kennedy is likely to be released.

"She's a waitress who needs her income. If she doesn't work she doesn't get paid," Fried said.

Reach Loren Moreno at lmoreno@honoluluadvertiser.com.