In August of 1998 my son, David accepted a position as a temporary “Assistant Researcher” at Agraquest in Davis, CA. According to their mission statement, "Agraquest “discovers, develops and markets effective, safe, and environmentally-friendly natural products for farm, home and public health pest management.” 1
These include: biopesticides, bioinsecticides, biofungicides, and mycocides. Although Agraquest’s products are allegedly “environmentally-friendly,” they contain powerful substances.
During my son’s short tenure at Agraquest, he was exposed to many substances and questionable practices regarding the handling of these substances. He also became extremely sick. Although evidence points to David’s sickness originating from his employment at Agraquest, the company has denied any and all responsibility. This cover-up has also been carried over to and through the worker’s compensation system.
David was initially assigned to work on a product called Laginex--a parasitic aquatic mold (Lagenidium giganteum) that is used for mosquito control. David’s job was to find a viable and stabilizing agent to extend the shelf life of Laginex. He was told Lagenidium was safe. However, research has shown that various species of Lagenidium have been associated with debilitating infections in dogs and in humans. 2
David also worked with a biopesticide called Bacillus subtilis strain QST 713. He was exposed to QST 713 Technical Powder “knowingly” as he and another co-worker bagged the substance from big drums into twenty-pound bags. This process took place in a hallway and also in the building’s bathroom where the only ventilation was a normal household fan. Although Bacillus subtilis is thought to present a low risk of infection in laboratory fermentation settings under standard practices, it is not completely innocuous. The uncertainty associated with worst-case daily inhalation exposure is not known. 3
During my son’s employment, he observed many unacceptable laboratory practices. Some examples are:
1) he was told not to order biohazard signs as they “wouldn’t look good for tours;”
2) he heard scientists laughing and talking about how a suitcase carrying soil had been “smuggled” in on a commercial airliner;
3) he witnessed soil falling out from bags in laboratory cabinets; and
4) he was asked to dump out a liquid gathered from an offsite farm into a drain that led directly to the ground outside the laboratory. In addition, minors were allowed in the laboratory.
David first became sick on January 18th, 1999, after working at Agraquest for only five months and nine days. My son sought emergency medical care at the Immediate Care Medical Clinic in Sacramento. His symptoms included bloody pus draining from his nose, bloody throw-up, and face and teeth numbing. He was told that needed to see an ENT specialist immediately. Over the next three days he saw two doctors who were Sutter Health Independent physicians. Pam Marrone, the CEO of Agraquest, sits on the Board of Trustees at Sutter Health Sacramento and Sierra region.
On February 3, 1999, sixteen days after first seeking medical care, my son had emergency sinus surgery. Neither Agraquest nor the doctors, who initially saw my son, reported to any Federal or state agency the infections and surgery my son had as a result of workplace exposure at Agraquest. This violates California Labor Codes and Health and Safety Codes. In addition, Agraquest’s willful concealment of my son’s illness and surgery to the Insurance Rating Bureau resulted in a 74% reduction in Agraquest’s workers compensation premium. This violates Insurance Code Section 11760 4. Additionally, Agraquest violated mandated Federal and state laws by not reporting “unreasonable adverse health effects” required for registration or re-registration of (bio)pesticides. If Agraquest had complied with the law 5, their past, present, and future registrations of their products would have been in jeopardy. Agraquest could not afford my son’s illness and surgery to be known as a result of a workplace exposure.
On June 1, 1999, my son was told his "position was being terminated.” He was given severance pay and told he could use Agraquest as a reference. However, Agraquest informed employees that David had been fired. In addition, Agraquest sent a memo to all its employees implying my son was a threat to the company and possibly the employees. Six months after my son left the company, an ex-coworker filed a TRO against David at Agraquest’s instigation. The restraining order was denied by the Yolo County Court during the hearing.
My son continued to have infections, and in 2002, he had a second sinus surgery. In 2003, a doctor not affiliated with Sutter Health, referred David to the Mayo Clinic. Mayo Clinic doctors discovered that my son had histo-yeast in his blood. Histo-yeast is the cause of Histoplasmosis, which can lead to death. One of David’s examiners has since said, "it is not surprising that he [David] could have been exposed to histoplasmosis in the contaminated "micofoci.” At this point, David contacted the physician who had performed his surgeries regarding his concern about a possible immune problem. The physician told David, “no”, that he did not have an immune problem. However, when David contacted the laboratory that had originally performed some of his blood tests, the results showed that David had not been producing enough B-cells to maintain an intact immune system. Although these findings were reported to the physician, David was never informed. Over the years, there have been 19 (pathogenic?) bacteria and fungi identified in my son’s blood or sputum cultures.
After the Mayo Clinic visit and the discovery of immune system deficiencies, my son filed a workers compensation claim. This produced further dubious actions. Agraquest listed the wrong insurance carrier on the workers compensation form. When Agraquest was sent a letter of denial, the company made no attempt to resend the claim to the correct insurance carrier. My son had to find out the correct insurance carrier himself by contacting the Workers Compensation Insurance Rating Bureau. California Workers Compensation Board (WCAB) then ignored my son’s request for a motion of compliance for discovery of biological hazards and other hazardous material at Agraquest. The WCAB judge assigned an incorrect code to the son’s case and refused to accept key evidence.
Other than normal colds, seasonal allergies, and a hernia operation when he was six, my son had never been sick before he worked at Agraquest. Because of his progressive declining health as a result of workplace exposure at Agraquest, I am extremely concerned for not only past, present, and future employees of Agraquest’s employees but also the public at large.
References
1) Corporate Profile for AgraQuest, Inc., Dated August 11, 2000. Retrieved from:
http://findarticles.com/p/articles/mi_m0EIN/is_2000_August_11/ai_64053943
2) Grooters, A.M.; Hodgin, E.D.; Bauer, R.W.; Detrisac, C.J.; Znajda, N.R. and Thomas, R.C. Clinicopathologic findings associated with Lagenidium sp. infection in 6 dogs: initial description of an emerging oomycosis. Journal of Veterinary Internal Medicine, 17(5), 637-646. Retrieved from http://lib.bioinfo.pl/pmid:14529129.
Grooters, A.M.; Proia, L.A.; Sutton, D.A. and Hodgin E.C. (March, 2004) Characterization of a previously undescribed Lagenidium pathogen associated with soft tissue infection: Initial description of a new human oomycosis. Focus on Fungul Infections, 14. Retrieved from http://www.doctorfungus.org/educatio/conf_highlights/focus14/case_reports.htm
3) US EPA: Final Risk Assessment of Bacillus subtilis. Retrieved from: http://www.epa.gov/oppt/biotech/pubs/pdf/fra009.pdf
4) California Codes Health And Safety Code Section 105200-105225, Code 105200. Retrieved from: http://www.leginfo.ca.gov/cgibin/waisgate?WAISdocID=49514222342+0+0+0&WAISaction=retrieve
California Codes; Labor Code 5401. Retrieve from http://www.dir.ca.gov/dwc/DWCPropRegs/predesignation_
Regulations/Predesignation_ISOR.doc.
Insurance Code Section 11760. Retrieved from http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=49579325899+0+0+0&WAISaction=retrieve
5) CFR Title 40: Protection of Environment | Laws & Regulations | US EPA. Retreived from: http://edocket.access.gpo.gov/cfr_2005/julqtr/40cfr180.31.htm
Adverse Effects Reporting: FIFRA 6(a)(2). Retrieved from http://www.epa.gov/opppmsd1/fifra6a2/
California Department of Pesticide Regulations [DPR] Chapter IX
F. Adverse Effects Disclosure. Retrieved from: http://www.cdpr.ca.gov/docs/registration/manual/chap9.htm#F.%20ADVERSE%20EFFECTS%20DI
