SAN JOSE - A San Jose man sued the manufacturing facility where his mother worked while pregnant with him, alleging that his cerebral palsy and other medical conditions are to blame on heavy metals and toxins that she was exposed to while working, according to documents filed this year in the Santa Clara County Superior Court.
Plaintiff Abel Ramirez is the son of Maria Ramirez, who was an employee at the Integrated Device Technology (IDT) facility in Salinas. During the production process, the facility utilized chemicals known to be genotoxic, developmentally neurotoxic and reproductively toxic, the suit says.
The lawsuit alleges that IDT knew of the harm the chemicals posed on women of childbearing age and fetuses, but did not take action to protect their employees. The facility's alleged negligence included a lack of ventilation, no protective clothing or gear meant to protect employees from contact with, ingestion or inhalation of the developmental toxins, no adequate chemical monitoring and no informational or cautionary material to employees on the dangers of the exposure.
Well known and documented studies regarding the adverse birth impacts from the toxins were available to the defendant for at least two decades prior to Ramirez's birth, the suit says.
Ramirez says that, as a direct result of his mother's exposure to the developmental toxins, he was born with disabilities that include cerebral policy, and he will eventually need a walker or wheelchair to remain mobile. He suffers from muscle spasms, uncontrollable muscle tightening and lack of balance.
The plaintiff is suing for one count negligence, one count of premises liability and one count of fraudulent concealment. He is seeking judgment for general, special and punitive damages.
Ramirez is represented by Waters, Kraus and Paul.