Calabasas sued for $50 million over Lost Hills botulism

Complaint alleges interchange construction made two children sick



KICKING UP THE DUST—The new Lost Hills interchange is the biggest public works project in city history.

KICKING UP THE DUST—The new Lost Hills interchange is the biggest public works project in city history.

An attorney has filed a pair of claims asking $25 million each from the City of Calabasas alleging that two children contracted botulism last year as a result of soil being disturbed by construction of the Lost Hills freeway interchange.

Infant botulism is a rare, but serious disease that often sends its victims to the hospital, the California Department of Health says.

The $30-million Lost Hills interchange improvement is the biggest public works project in the history of Calabasas. Construction began two years ago and it is slated to be complete in about a year.

The work includes construction of a wide-sweeping on-ramp in the northeast quadrant of the interchange and a sound wall, and earthen berms to reduce traffic noise for residents of the Saratoga neighborhoods immediately north of the freeway and west of Lost Hills Road.

City Manager Tony Coroalles said officials initially planned a simpler, less invasive project, but that it was expanded at the request of residents who wanted to keep garbage trucks from the nearby Calabasas landfill away from their homes.

One claim filed by a resident near Grape Arbor Park in Calabasas said their child contracted the illness in October, 2016. A second lawsuit filed by a resident with a City of Fontana address states their child contracted the disease in November.

The health department confirmed only one case of infant botulism, the one in October. It was one of 18 known cases in the county last year.

The lawsuits say the city and its contractors failed to warn the public about the potential harm that the Lost Hills excavation could have on residents’ health. Parents with infants should have been told about the risk of airborne botulism spores that might be released when soil grading occurs, the complaints say.

“The city and its contractors created the risk, knew about the risks and failed to provide reasonable notice,” a court document stated.

Both claims are being represented by the Burbank law firm Accident Fighters.

One of the plaintiffs recently received a $14,000 settlement from the city in an unrelated lawsuit resulting from issues that arose when a pine tree was cut down on Garret Drive in 2013, records show. •

Coroalles called the botulism cases “frivolous lawsuits” and• predicted they would be dismissed. •

“You cannot prove causality,”• Coroalles said.

The claims are being handled• by the insurance company representing • the Lost Hills contractor.•

Though the city received two claims from the attorney alleging Lost Hills botulism, only one• infant was taken to a doctor and officially diagnosed, Coroalles said, adding that the city didn’t learn of the incident until a claim was filed six months later.

Although parents have a right to be concerned, city officials say the Saratoga neighborhood and Grape Arbor Park areas remain safe.

“We understand parents and the community’s concerns about this issue and are taking steps to get immediate answers,” Calabasas Mayor Mary Sue Maurer said.

“The city’s number one priority has always been the safety of its residents, especially children.” Botulism is mostly contracted by infants eating contaminated food, such as honey,” Maurer said.

“It would be extremely rare to contract it from the environment,” said Dr. Tanya Altmann of Calabasas Pediatrics on Park Sorrento, who has been receiving calls from concerned parents.

If parents are worried that their infant might be infected, they should contact a doctor immediately, Altmann said.

“I don’t feel there is any reason that people should be concerned about taking their babies outside in the neighborhood. There is a lot of construction go-ing on; it brings noise, dirt and dust, but I think it would be very unlikely for it to cause serious health issues,” Altmann said.

Symptoms of botulism can include constipation and difficulty in eating, breathing and breast- feeding. Nearly all patients, including the child diagnosed in Calabasas, recover from the disease

Dr. Benjamin Schwartz, the department of health’s deputy director of communicable dis-eases, said it is difficult to connect botulism cases with specific points on the map because the bacteria and airborne spores that cause the disease are ubiquitous in the environment.

“The risk of illness is more related to individual susceptibility than to environmental exposure,” Schwartz said


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