Deadly Disease Prompts County Employees to Sue; Lawsuit Filed On Behalf of Exposed Public and Sick Employees -- ''Sick Building Syndrome'' Suspected Cause.

Business Editors

LOS ANGELES--(BUSINESS WIRE)--March 19, 2001

Nineteen employees who work in the Borax Building have tested positive for legionella, the bacteria which causes the deadly Legionnaire Disease.

The Borax Building houses the Los Angeles County Department of Children and Family Services. The County and the owners of the building where all 19 work have refused to take appropriate remedial action, according to a complaint filed today on behalf of 12 employees for injunctive relief and monetary damages by Quisenberry & Kabateck, LLP.

In part, the suit seeks to "abate a public nuisance." It was filed on behalf of employee Wanda Cherry, all other employees at the Department's Miracle Mile headquarters, and members of the public who have entered the building. The Complaint also seeks recovery for private nuisances and personal injuries because the Borax Building is alleged to suffer from "sick building syndrome." All Plaintiffs seek corrective actions from the defendants, which include the County, the building owners and the maintenance company.

"This building is making us sick," claimed Wanda Cherry, named plaintiff and employee with the Los Angeles Department of Children and Family Services. "So many of us are sick all the time and it's not just affecting our work, but our lives. The building is a breeding ground for illnesses. We just want the building cleaned up. I don't think that's too much to ask for."

The Borax Building at 3075 Wilshire Boulevard in Los Angeles is open 24 hours a day, and is used by approximately 720 county employees who oversee child abuse cases and adoptions. The building is also visited by police, social workers and children brought in on an emergency basis.

The lawsuit alleges that since the County of Los Angeles took over the Borax Building in 1998, workers and visitors have been exposed to legionella bacteria and other dangerous biological agents and containments. While 19 employees have tested positive for legionella, others have complained and been hospitalized for respiratory illnesses including pneumonia, asthma, and bronchitis -- ailments associated with Legionnaires Disease.

"When only about fifty-nine people per year in California contract Legionnaires Disease, and nineteen of them happen to work in the Borax Building, we know there is a serious problem," remarked Brian Kabateck, founding partner of the law firm, Quisenberry & Kabateck LLP.

Legionnaires Disease is generally transmitted through legionella bacteria found in contaminated water supplies and is airborne though a building's plumbing, heating, ventilation and air conditioning systems. There are no documented cases of Legionnaires being transmitted person-to-person. Untreated, Legionnaires is often fatal and at least half of the documented Legionnaires cases are associated with pneumonia.

A Cal-OSHA investigation last year found sufficient evidence of this disease-causing bacteria in the building's water system to require remediation. However, the inspection stopped far short of fully examining all the potential causes of continuing illness among building employees. This month, Cal-OSHA fined the County of Los Angeles for using nonpotable water for drinking and washing at the site. They characterized this citation as "serious."

"The matter in dispute is not whether the building had legionella or other forms of harmful bacteria present, like mold. Cal-OSHA already found legionella present in the building's water supply. The problem here is that the building wasn't remediated properly," stated Kabateck. "There was no known testing of the heating and air conditioning units in the nine story building. If you just clean up the water and not the method by which the water was being distributed, people will continue to get sick."

"Sick Building Syndrome" is a medically recognized condition attributed to the growth of bacteria emanating from water-damaged buildings. Typical symptoms of sick building syndrome include hypersensitivity of pneumonitas or asthma exacerbation, irritation and inflammation of the mucus membranes, respiratory tract and skin; fatigue; and/or neurocognitive dysfunction. The infections are contracted through water, air, and surface contact and most people are cured of their symptoms upon removal from the contaminated indoor structure or full remediation of the structure.

Quisenberry & Kabateck LLP is one of the largest law firms in California dedicated exclusively to representing plaintiffs and consumers. Founded in 1988, Q&K has established a national reputation for successfully and tenaciously representing plaintiffs in insurance, bad faith, insurance coverage, products liability, construction defect, catastrophic personal injury, intellectual property, toxic torts, class actions, business torts, employment, entertainment and other consumer cases throughout California. Q&K attorneys use their exceptional experience and substantive expertise in a dynamic, innovative and aggressive approach to the practice of law. It is this experience, expertise and innovation that sets Q&K apart. The firm is based in Los Angeles, California. For more information, contact the firm's Web site at www.qklaw.com.