**Document Content:**

---

**Page 27**

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

**MM 006978**

---

**Text:**

1. These sophisticated suppliers also made this misrepresentation while knowing that the trichloroethylene they supplied to IBM contained the carcinogen epichlorohydrin as a stabilizer and while knowing that animal studies commissioned by the National Cancer Institute had found evidence of the carcinogenicity of trichloroethylene as early as 1976. Notwithstanding such knowledge, these suppliers conveyed grossly misleading and inadequate information to IBM regarding these dangers, knowing and intending that IBM would repeat, convey or in some fashion communicate these misleading statements to employees, including Plaintiffs and Plaintiffs' decedent. Plaintiffs' decedent Aniceto Batista and Plaintiff Khalid Haq detrimentally relied upon these misrepresentations and omissions by IBM and repeated, communicated or in some fashion authoritatively conveyed to them.

97. **1,1,1 Trichloroethane.** The suppliers to IBM of 1,1,1 Trichloroethane, including without limitation, defendants Sigma-Aldrich Corp., Sigma Aldrich, Inc., dba Sigma-Aldrich Sales, Inc., Sigma-Aldrich Company, Aldrich Chemical Company, Ashland Oil Inc., Pacific Pac International, Inc., Specific Pac, Inc., Shell Oil Company, Union Carbide Corporation, represented throughout the 1970s and into the 1980s in written product communications to IBM intended for repetition, dissemination and communication to IBM's employees, including plaintiffs that this product could be used safely in IBM clean rooms as long as its concentration remained below the OSHA "PEL" without disclosing that the PEL is set only for non-cancer effects. This misrepresentation was made by sophisticated suppliers of so-called "ultra high purity" electronic grade chemicals who knew that IBM workers would use the 1,1,1 trichloroethane that was being supplied in conjunction with other so-called "ultra high purity" electronic grade chemicals in the manufacture of microelectronics products and devices. Defendants also knew that the function of air circulation devices serving a clean room is to remove particulates and that these devices actually recirculate and distribute gaseous air contaminants throughout the clean room. These sophisticated suppliers also made this misrepresentation while knowing that the trichloroethylene they supplied to IBM contained the carcinogen 1,4 dioxane as a stabilizer. Notwithstanding such knowledge these suppliers conveyed grossly misleading and inadequate information to IBM regarding these dangers, knowing and intending that IBM would repeat, convey or in some fashion communicate these misleading statements to employees, including Plaintiffs and Plaintiffs' decedent. Plaintiffs' decedent, Aniceto Batista, and Khalid Haq detrimentally relied

**Page 27**