Hazardous Advanced Micro Devices ('A.M.D.') 'Clean Room' Chemicals Caused Multiple Birth Defects, Lawsuit Alleges

    AUSTIN, Texas, Nov. 8 /PRNewswire/ -- Advanced Micro Devices ("A.M.D.")
 and a regional medical association that claims to treat 15 percent of
 Austin- area residents are responsible for multiple birth defects in an
 Austin youth born with a missing lower right arm and lifelong cognitive
 deficits, according to a lawsuit filed yesterday in Travis County District
 Court.
     The youth's mother, a former A.M.D. "clean room" employee, was
 wrongfully exposed to birth defect-causing hazardous chemicals during her
 pregnancy. A.M.D. knowingly failed to protect its workers from hazardous
 chemicals, according to the Petition. The Petition also includes medical
 malpractice allegations against a family/occupational health practitioner
 and an OBGYN specialist at Austin Regional Clinic, P.A. ("A.R.C."), an
 A.M.D. contractor. MDs, George Marking and Alinda Cox allegedly failed to
 warn the pregnant woman of the recognized dangers posed by exposure to the
 chemicals, according to the lawsuit.
     Austin resident Maria Ruiz, an A.M.D. employee who worked in the
 technology company's "Fab 14" clean room from 1988 to 2002, was exposed to
 a host of toxic chemicals, including ethylene glycol monoethyl ether
 acetate and 2-ethoxyethyl acetate which caused the birth defects in her
 son, Ryan. On at least two occasions during her employment, Ruiz required
 medical care due to inhaling chemical fumes, the lawsuit states.
     In 1991, after an A.M.D.-required physical exam conducted by A.R.C.,
 the manufacturer's occupational health contractor, Ruiz discovered she was
 pregnant. Dr. Marking, who made the pregnancy diagnosis, and Dr. Cox, who
 treated her during that pregnancy, failed to warn Ruiz of the dangers from
 the manufacturing chemicals. Ruiz inquired about the health risks from
 working in the clean room during her pregnancy, but A.M.D. responded by
 returning her to Fab 14, according to the lawsuit.
     Ryan Ruiz suffered multiple birth defects, including a missing right
 arm below his elbow, brain injury and cognitive deficits. "He has suffered
 and will continue to suffer significant developmental impairments requiring
 special education needs," and "will continue to suffer great mental pain
 and anguish, disfigurement and physical impairment, and has and will incur
 costs, including medical and special education expenses," the Petition
 states.
     A.M.D., A.R.C., and Drs. Marking and Cox negligently exposed Maria and
 Ryan Ruiz to "an abnormally dangerous and ultra-hazardous activity,"
 according to the lawsuit. The defendants also "failed to warn or advise
 Mrs. Ruiz of the dangers of A.M.D.'s premises and the chemicals it used,"
 it is alleged.
     "Maria Ruiz worked with hazardous chemicals that caused her son's
 devastating birth defects," said Adam S. Ward, Esq., a partner in Allison &
 Ward, L.L.P.
     "Like millions of Americans, Maria Ruiz did not realize that 'clean
 rooms' are designed to keep damaging dust particles from semiconductor
 wafers during manufacturing, not to protect men and women exposed to a
 spectrum of hazardous chemicals and fumes," said Steven J. Phillips, Esq.,
 of New York's Levy Phillips & Konigsberg, LLP, co-counsel in the case. Levy
 Phillips & Konigsberg, LLP represented plaintiffs in similar litigation
 against IBM where workers, also employed in "clean rooms," gave birth to
 children with severe defects. Those cases were settled before reaching
 trial.
     The five-count Petition charges negligence, breach of warranty, fraud
 and fraudulent concealment and misrepresentation, Exemplary damages also
 are sought in the suit, according to David C. Strouss, Esq., of Boston,
 Massachusetts-based Thornton & Naumes, LLP, also co-counsel in the case.
 Ryan Ruiz, who turned 16 on October 31st, is the lead plaintiff in the
 lawsuit.
     Austin-area television viewers recently have been seeing commercials
 seeking persons with knowledge of the clean rooms and semiconductor wafer
 manufacturing at A.M.D. in Austin to contact Allison & Ward, L.L.P., as
 part of the pre-discovery process as the case moves through the court
 system.
     Case Caption
     RYAN RUIZ, by his next friend MARIA RUIZ, and MARIA RUIZ, individually
 v, Advanced Micro Devices, Inc. and AUSTIN REGIONAL CLINIC, P.A., d/b/a
 AUSTIN REGIONAL CLINIC d/b/a OCCUPATIONAL HEALTH CENTERS OF AUSTIN and
 GEORGE MARKING, M.D. and ALINDA COX, M.D.
     Filing Information
     Cause/Case Number:      D-1-GN-07-003878
     Filing Attorney:   Adam S Ward
     Style/Case Name:   Ruiz v. Advanced Micro Devices, Inc.
 
     Attorney Contact Information:
     Adam S. Ward, Esq., Allison & Ward, L.L.P., (512)474-8153, Ext. 225
     Steven Phillips, Esq., Levy Phillips & Konigsberg LLP, (212)605-6220
     David C. Strouss, Esq., Thornton & Naumes, LLP, (617)720-1333
 
 

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