--- **COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH** ---

**Page 17**

**MM 006968**

1. maliciously in endangering the lives of its own employees and the public and with the sole goal of maximizing its profits.

2. In making these false representations to Plaintiffs, Plaintiffs' decedent, and other IBM workers, IBM's orientation and management staff were reporting IBM company policy which had no basis in fact. In fact, IBM knew that chemicals used in IBM disk drive coating, IBM photo resist, IBM cleaning fluids, IBM photocopier constituents, solvents, adhesives and other chemicals used at IBM would cause serious illness, disease, cancer and death.

**False Representations Concerning Cancer at IBM**

3. On numerous occasions from the 1970s to the present Defendant IBM has falsely represented in its official company communications to Plaintiffs and Plaintiffs' decedent that working with chemicals in IBM "clean rooms" and performing engineering and technical work for IBM:

a. has never posed any proven risk of adverse health effects;

b. has never been associated with any proven case of cancer;

c. has not contributed to any increase in cancer risk;

d. has not caused cancer; and

e. does not cause cancer.

4. On numerous occasions from the 1970s to the present, Defendant IBM has falsely represented in official management-approved communications to Plaintiffs and Plaintiffs' decedent that IBM does not track the number of employees with cancer or any other medical problems that could be caused by chemical exposure because "IBM does not have any problems of that nature."

5. These disclaimers and false statements were made in furtherance of a corporate policy and plan to conceal and lie about significant and relevant information concerning the incidence of cancer in IBM employees working in manufacturing, engineering and technical jobs, conducted in so-called "clean rooms", as evidenced by the following facts.

6. The false representations reported above were repeatedly made by IBM managers to Plaintiffs and Plaintiffs' decedent even though IBM knew, based on the report of Gary Adams in 1985 to IBM's Corporate Headquarters and independently known from its own records, that the numerous researchers working in the IBM San Jose Materials Analysis Department in Building 13, where [IBM