A worker at Amgen Inc. in Thousand Oaks has filed a lawsuit against her employer, claiming she was exposed to toxic mold that made her sick and that the company knew about the mold but covered up its findings and failed to alleviate the hazard. Thousand Oaks resident Darcy Jensen, 31, is currently on disability as a result of claimed respiratory distress, headaches, dizziness, sinus infections and other allergic-type reactions from alleged toxic mold contamination in one of the buildings she used to work in at the biotech giant. The lawsuit, filed at theVentura County Superior Court in Simi Valley, accuses Amgen of fraud and concealment, negligence, battery and other “unfair business practices.” Among court documents filed is an internal Amgen report indicating that the building in which Jensen worked “appears to have problems” and that “mold is showing up in too many places.” The mold was found in a facility used to test Epogen, one of three drugs that Amgen makes to treat anemia in kidney dialysis patients. The suit claims that Amgen has concealed from its employees, customers and the U.S. Food & Drug Administration the discovery of microbial contamination in rooms used in the research and development of Epogen and other products being used in clinical trials by Amgen. Jensen, a full-time Amgen employee for nearly nine years, was a facility supervisor for several laboratory buildings, including Building No. 5 (the primary building in question), said Alex Robertson, Jensen’s attorney. Beginning in March 1999, Jensen began experiencing allergic-type reactions for reasons unknown to her, Robertson said. Outside consultants Jensen discovered that environmental consultants hired by Amgen had concluded in August of this year that Building No. 5 was contaminated with toxic mold known to produce mycotoxins poisonous to humans, Robertson said. The mold allegedly found included a toxic variety known as Stachybotrys, which can cause allergic reactions, according to the Centers for Disease Control. Stachybotrys is a fungus found worldwide. It produces toxins that can affect the immune system, according to Indoor Air Solutions Inc., a firm that tests indoor air quality. It can have adverse effects on the central nervous system, eyes, skin and upper and lower respiratory tract. Amgen spokesman David Kaye said company officials would have no comment. “As a matter of company policy, we don’t comment on litigation,” Kaye said. Attorney David Walsh of Paul Hastings Janofsky & Walker, the firm representing Amgen, also declined to comment. “Amgen does not comment on pending litigation,” Walsh said. The lawsuit further alleges that Amgen conducted a similar investigation in 1997, which also found the presence of toxic mold, but that Amgen covered up these findings and failed to do anything to eliminate the hazard. “The people who work in these rooms wear moonsuits,” Robertson said. “(These rooms) are supposed to be antiseptically clean. To think you have toxic mold growing on the ceiling and walls from leaks is just astounding. The fact that it has been allowed to exist for several years is amazing.” Other cases brewing? Since Jensen has come forward, other Amgen employees have contacted her attorney saying they, too, have experienced similar allergic reactions, Robertson said. He would not reveal their names. “They fear for their jobs,” he said. Jensen went on disability last month and, once the lawsuit was filed, Amgen management told employees they were not to communicate with her or they would be fired, Robertson said. In August of this year, Amgen conducted a “Building 5 Mold Report” that found Stachybotrys present in room 258, the report states. It said rooms 258, 259 and 260 had “old ductwork (that) has large amounts of mold.” It also states: “Registers for 258 and 260 have large amounts of mold; 258, large amounts of mold on cove, autoclave exhaust, chiller valve.” On the second floor, large amounts of mold were found in the chiller insulation and on the wall behind the drain, documents show. “Water on floor has Stachybotrys,” the report states. Copies of Amgen’s internal report, as well as the lawsuit, were sent to the FDA’s regional office in Orange County in mid-October, Robertson said. FDA officials declined to comment at this time, said FDA spokesperson Laurel Eu.
