- **Exposed to chemicals from 1997 until he was diagnosed with cancer in 1999 while being repeatedly advised by IBM managers that his work environment was totally safe and free of health risk.**
- **Even though IBM knew that more and more IBM "clean room" employees were being stricken with cancer as a result of exposure to toxic chemicals in clean rooms, as a matter of company policy, IBM engaged in concerted programs of misrepresentation, fraudulent denial, cover-up, concealment and corporate falsehood that was designed, intended and made to keep Plaintiffs, Plaintiffs' decedent, and other IBM workers ignorant of the associations between chronic exposure to toxic chemicals in "clean rooms" and irreversible disease, cancer and early death.**
- **IBM made these misrepresentations because it needed employees who would endure dangerous exposures without knowing, or ever suspecting they were being exposed to severe hazards and IBM induced Plaintiffs and Plaintiffs' decedent to rely upon such false statements, which Plaintiffs and Plaintiffs' decedent did by continuing to work in an environment that was hazardous, dangerous and in the long-term lethal.**

**False Representations by IBM to Plaintiffs Concerning the Safety of IBM Clean Rooms**

- **From 1979 to 1992 Aniceto Batista worked in parts washing and parts assembly.**
- **Commencing in September 1997, Khalid Haq worked primarily in nickel plating and chemical stripping activities.**
- **At all relevant times IBM understood the need to safeguard the health of IBM employees by using superior toxic chemical detection devices capable of measuring, detecting and identifying vapors in air at concentrations below the levels at which conventional instruments could detect such hazards. IBM used such superior devices in its air monitoring programs in its San Jose plant. IBM reported in internal memoranda the value of such a monitoring program "for detecting potential problems long before conventional detectors... is one of early warning and consequent prevention."**
- **IBM withheld from its employees the necessity to always maintain a totally impenetrable barrier between their exposed skin and trinitrofluorenone and withheld from them the necessity of wearing two sets of impermeable gloves as protection to prevent IBM cleaning fluid from dissolving, disseminating and causing trinitrofluorenone to be absorbed by the body. IBM acted deceptively and Page 16**

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

MM 006967