The impenetrable world of Mark Flores

SAN JOSE, California — In the photograph, a frozen moment of optimism, Yvette Flores is smiling.

It’s the summer of 1979. Yvette, in a flower-patterned dress, is 22 years old and five months pregnant. To her right is her husband, David, a big man wearing tinted aviator glasses, a T-shirt and an inscrutable expression. They have no idea what’s coming.

Mark Rueda Flores was delivered at the Kaiser Permanente Santa Clara Medical Center on December 3, 1979. There were many problems from the start: His eyes were crossed. His testicles had failed to descend. His hips were dislocated. He was unable to suck on a breast or bottle. His head was covered with large blood blisters, known as hematomas.

Related: Key findings from the Center's workplace toxics investigation: Day 2

By the time Mark was 4, it was clear that he was profoundly disabled. He was still crawling. He wasn’t talking normally. “The words were coming out like a foreign language,” Yvette said.

In December, Mark turned 35. He is six feet tall. Before he had gall bladder surgery last summer he weighed nearly 400 pounds. He speaks mostly in monosyllables, often repeating the last word or phrase his mother says. He watches Sesame Street on a loop and likes trains, forklifts and Chuck E. Cheese. Not long ago, he learned to draw a circle.

For the first 29 years of Mark’s life, Yvette had no reason to suspect his condition was the product of anything other than misfortune. Had she not heard a radio ad 6 ½ years ago, she might believe that still.

Related: Mounting evidence

The ad was sponsored by a law firm. As Yvette remembers it, the announcer asked, “Have you worked in the electronics industry? Do you have a child with these defects?” Yvette: “I go, ‘Yeah, yeah.’ ” She wrote down the phone number and called a few days later.

Risks to workers and their offspring

When it comes to protection against toxic hazards, workers in America are treated differently — that is to say, more callously — than the general public. This legal disparity allows someone who toils inside a factory to face higher risks of cancer and other maladies than someone who lives just beyond the plant fence.

Related: Slow-motion tragedy for American workers

The damage, it turns out, isn’t confined to the workers themselves. Building on science more than a century old, recent studies have found ties between parental exposures and childhood afflictions such as brain tumors, malformations and learning disabilities. A bicoastal consortium of toxic-tort lawyers has begun targeting electronics manufacturers, blaming chemical-intensive processes for skeletal abnormalities, developmental delays, heart defects and other problems in workers’ children.

The little-publicized litigation comes on the heels of hundreds of lawsuits filed against IBM Corporation and its chemical suppliers in the late 1990s on behalf of cancer-stricken workers and their injured offspring. It raises questions about the control of teratogens — substances, such as lead, which can interfere with tightly sequenced fetal development — in the workplace.

Across all industries, air samples testing positive for lead by the Occupational Safety and Health Administration from 1984 through 2013 exceeded the exposure limit 40 percent of the time, a Center for Public Integrity analysis shows. Just how many workers have been exposed to unsafe levels of lead in electronics manufacturing is unclear because the sampling was so much more limited.

Related: A pattern of the industry

“There are not enough government protections for the types of exposures that occur,” said Tracey Woodruff, director of the Program on Reproductive Health and the Environment at the University of California, San Francisco. “OSHA’s not even really dealing with cancer, so this is another order down.”

Indeed, OSHA itself says that many of its exposure limits for dangerous substances don’t offer sufficient protection for workers. Parsing 30 years of agency data, the Center found that when air samples across all industries tested positive for teratogenic mercury vapor, they were above the legal limit less than 1 percent of the time. But a third of the samples topped the much stricter limit recommended by the National Institute for Occupational Safety and Health.

There’s more to this story. Click here to read the rest at the Center for Public Integrity.

This story is part of Unequal risk. Workers in America face risks from toxic exposures that would be considered unacceptable outside the job. Click here to read more stories in this blog.

Copyright 2015 The Center for Public Integrity. This story was published by The Center for Public Integrity, a nonprofit, nonpartisan investigative news organization in Washington, D.C.