AMD Slammed With Suit Over Birth Defects
November 9, 2007 10:34 AM
comment(s) - last by
Suit alleges that AMD recklessly exposed its employees to toxic substances
Ryan Ruiz, 16, of Austin Texas, shares the same last name with Advanced Micro Devices (AMD) CEO Hector Ruiz. Ryan, sadly, is the victim of a birth defect. He is missing the lower right part of his arm and had significant cognitive impairment. The unfortunate irony of his last name comes in that his conditions are allegedly
caused by Hector Ruiz's company, AMD
Ryan's mom, Maria Ruiz, worked in AMD's Fab 14 clean room from 1988 to 2002. She was exposed to a wide array of toxic chemicals during her employment with AMD, including ethylene glycol monoethyl ether acetate and 2-ethoxyethyl acetate, known to cause birth defects. During her employment she had to seek medical attention at least twice due to fume inhalation.
Her exposure concerned her when she discovered she was pregnant. She inquired about health risks with a local doctor at the Austin Regional Clinic, but was told not to worry about it, and to feel free to return to work. AMD was perfectly happy to take her back, and she worked most of the remaining course of her pregnancy, continuously exposed to chemicals that are known in the medical community to cause birth defects.
The ending of story is the tragic one previously stated -- her son was born missing part of a limb and with brain damage.
Now Maria is taking the fight to the corporation she feels damaged her and her son. The lawsuit, filed in Travis County District Court, both targets AMD and includes medical malpractice allegations against the doctors at the clinic she went to for medical consultation. It names a family/occupational health practitioner and an obstetrics and gynecology specialist, George Marking MD and Alinda Cox MD. These doctors, according the suit, failed to warn Maria about any possible risks of working with the toxic chemicals at her place of employment, during her pregnancy.
The Ruiz vs. AMD Lawsuit has some high power representation in the form of filing attorney Adam S. Ward, a partner in Allison & Ward, LLP and Steven Phillips of Levy Phillips & Konigsberg LLP (New York). The enlistment of Levy Phillips & Konigsberg LLP draws attention, in particular, because the firm successfully won an undisclosed settlement for IBM clean-room exposure victims in a similar case.
"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 Phillips of Levy Phillips & Konigsberg LLP, co-counsel in the case.
The representing firm Allison & Ward, LLP has been airing commercial on local TV in Texas seeking people with knowledge of the clean room, for possible testimony.
The suit seeks exemplary damages and includes a five-count petition charging negligence, breach of warranty, fraudulent concealment and misrepresentation.
AMD doesn't really need much more bad news. With
another weak graphics card launch
another losing quarter
debts piling up
, and rivals
Intel piling up record profits
, AMD has scant room for more negative press or losses. Thus this suit marks the kind of sad sort of story in which there are no winners.
This article is over a month old, voting and posting comments is disabled
RE: clean room statement
11/9/2007 12:31:09 PM
People are stupid. End of story. I think she should sue her original doctor for saying those chemicals are ok, not AMD.
RE: clean room statement
11/9/2007 12:40:06 PM
Had she not asked a doctor about it should AMD still have let her work? I think it would be AMD's responsibility to let her know she shouldn't be working in that environment while pregnant.
RE: clean room statement
11/9/2007 12:56:22 PM
Would her child be born with a defect if she was working elsewhere? If the answer is yes, chemicals dont have much to do with this...
AMD listened to the doctor since AMD isn't a doctor... and the doctor said yes. So...
AMD did a stupid thing, they didn't educate the women to know where is she working. Or perhaps better: they employed her. There is no cure for stupidity or ignorance (so many years without knowing what a clean room is for ??).
Oh Jesus, she "thought" for so many years the clean room is to protect her health - then she goes to the doctor asking about health and substances! What the women is saying is very conflicting... seems to me she is just seeking money and lying to make it feel that AMD is the guilty one.
I bet her child is defect for some kind of genetic problem...
RE: clean room statement
11/10/2007 6:41:10 AM
Sorry you are wrong in your conclusions-
According to the petition, Ruiz alleged that before she became pregnant, she sought medical attention on two different occasions for symptoms she said were related to exposure to the chemicals used in the clean room. AMD allegedly told Ruiz that her exposure was within acceptable limits and that the chemicals were safe
The mother and son are also suing two physicians and a regional medical association for never warning her to avoid exposure to the chemicals, both before and after she became pregnant.
In addition, the lawsuit includes medical malpractice allegations against a health practitioner and an obstetrics and gynaecology specialist at Austin Regional Clinic,
, an AMD contractor.
Plus AMD & the rest are targeted by a top law firm with experience in this area/field that took on IBM-just remember.
The enlistment of Levy Phillips & Konigsberg LLP draws attention, in particular, because the firm successfully won an undisclosed settlement for IBM clean-room exposure victims in a similar case.
Not that simple as it sounds.
If AMD proven guilty by the COURT, that sets a precedent for others (current & former employees) to do the same (to sue AMD & claim their damages in the millions)
If all current & ex employees start suing AMD,(similar reason or other reasons-infertility/aborted pregancy/a long list of medical issues. then AMD is in very SERIOUS trouble
IF you ever held a senior management position of some quote then you would not be commenting this way.
Ever had an experience of a top law firm taking you to court
Plus the consequences facing those shareholders at the annual general meetings ????
"This week I got an iPhone. This weekend I got four chargers so I can keep it charged everywhere I go and a land line so I can actually make phone calls." -- Facebook CEO Mark Zuckerberg
NVIDIA Records First Billion Dollar Quarter
November 8, 2007, 7:31 PM
ATI Radeon HD 2900 GT Launched with a Whimper
November 8, 2007, 2:52 PM
Intel Quarterly Profit up 43 Percent
October 16, 2007, 9:39 PM
AMD's Large Debt Mounting Up Fast
April 29, 2007, 1:54 PM
Samsung Adds 2 TB 850 EVO, PRO SSDs for $800, $1000
July 7, 2015, 4:23 PM
Seagate Senior Researcher: Heat Can Kill Data on Stored SSDs
May 13, 2015, 2:49 PM
How to Recover Most Apps After Your NVIDIA Driver Crashes in Windows 10
March 30, 2015, 12:54 PM
Tinkerer Gets Old School Mac Plus Running on the Modern Web
March 24, 2015, 6:41 PM
Facebook-Backed Oculus Rift's Release Date Slips to 2016; Valve and HTC Salivate
March 16, 2015, 5:58 PM
Hackers Steal Roughly $1 Billion From Banks Using Malware RAT
February 17, 2015, 9:30 AM
Most Popular Articles
Microsoft July 29 Windows 10 Launch: Freebies, Rollout, and What's Next
July 21, 2015, 2:40 PM
As iPad Sales Wane and Watch Flops, iPhone Saves Apple's Profit With Its Heroics
July 22, 2015, 6:13 PM
Editorial: Reddit Allows Itself to be Hijacked as a Hate Platform For Racist Bigots
July 21, 2015, 6:32 PM
Mozilla and Facebook to Adobe: It's Time to Kill Flash
July 20, 2015, 6:30 PM
Google Scores Bizarre Court Win as Disgruntled Android Users' Lawyers Ruin Case
July 16, 2015, 5:58 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2015 DailyTech LLC. -
Terms, Conditions & Privacy Information