1 to supply chemicals to IBM, or in the alternative, to insist that their customers use and avail themselves of available less hazardous alternative chemicals and processes.
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3 The Chemical Supplier Defendants further knew that the debilitating and irreversible adverse health effects that would flow from a worker's chronic exposure to clean room chemicals would not be immediately apparent, but rather would be latent effects that would appear years and even decades after exposure. Thus, they knew and understood that workers would be chronically exposed over long periods of time without the workers being aware that they were being deleteriously exposed. By inducing plaintiffs and plaintiffs' decedent to work with clean room "electronic grade" chemicals and formulations, without revealing their knowledge of long-term health risks and by misleading them about such risks, each chemical supplier did the following things that were affirmatively fraudulent:
4
5 (i) With the authority of the Chemical Supplier Defendants and with the express understanding that these statements were made as company policy, the safety and hygiene staffs and other spokespersons for these chemical suppliers made affirmative representations to IBM, for intended and expected repetition and/or communication by IBM to its workers including Plaintiffs and Plaintiffs' decedent that the products sold and used at IBM San Jose were totally, absolutely and affirmatively safe.
6
7 (ii) With the authority of its Chemical Supplier Defendants and with the express understanding that these statements were made as company policy, each supplier made affirmative representations to IBM for intended and expected repetition and/or communication by IBM to its workers including Plaintiffs and Plaintiffs' decedent, caused Plaintiffs as end users to believe that a chemical supplier had the legal duty to investigate and know about all aspects of workplace hazards and health, and that said supplier was dedicated to and capable of ensuring the protection of the health of end users.
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9 (iii) As these chemical suppliers have documented cancers among their own manufacturing workforces and as evidence of cancer, immunotoxicity, mutagenicity, estrogen mimicry and genotoxicity has continued to mount in animal species exposed to various building block constituents in those suppliers' products, their concerted program
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12 COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH
13 MM 006973