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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 NVIDIA and 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.


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RE: Who's fault?
By A5un on 11/9/2007 5:53:23 PM , Rating: 1
quote:
I also think her supervisor should have enough brains to know that she should be pulled out of a potentially hazardous environment if she's pregnant.


Exactly! I think AMD should be harshly punished for this. The question of whether AMD knows that these chemical causes cancer is irrelevant. The fact that they didn't care enough about their employees to find out is negligence on their part. And AMD should be punished, though no form of punishment can ever undo the harm that's already done. Same goes for the doctor, too, if he was made aware of the types of chemicals she was exposed to.


RE: Who's fault?
By opterondo on 11/9/2007 11:23:56 PM , Rating: 3
Sounds like that was her responsibility to do so not the supervisor - should he follow her into the bathroom and remind her to wash her hands? And the doctor had nothing to so with her actions or her work environment. The complexity of the material never leaves the realm of common sense.


RE: Who's fault?
By clovell on 11/12/2007 2:49:27 PM , Rating: 1
> Sounds like that was her responsibility to do so not the supervisor - should he follow her into the bathroom and remind her to wash her hands?

Sure it was, but the supervisor is also responsible for safety in his lab. He should be aware of the dangers those chemicals pose.

> And the doctor had nothing to so with her actions or her work environment.

Most women listen to their OB. I mean - these people spend over a decade training in their profession.


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