Mother insists on proof melamine exposure was not the cause

A young mother who has blamed Malta's largest private employer for the death of her premature baby yesterday challenged STMicroelectronics to produce independent evidence proving the child did not die as a result of her exposure to melamine at the workplace.

Bethany Cassar, 25, made the challenge in a reply filed in court together with her boyfriend Claude Frendo, 26, following the company's counter protest to their original claims.

Their son, Kyle Christian, died last November 24, a day after he was born, and a post-mortem examination established the cause of death as neonatal respiratory distress syndrome, bilateral renal cystic dysplasia kidneys and clinical prematurity. Ms Cassar's lawyers have claimed the causes of death were directly linked to her exposure to melamine.

The couple had first made their claim in a judicial protest filed on September 15, prompting the multinational semiconductor giant to refute, in a counter protest, any responsibility for the death.

In a reply to the counter protest, the couple asked STMicroelectronics to declare the properties of any chemicals she came in contact with when cleaning the industrial machines, including one in particular, nikalet ecr. (According to the website of Nippon Carbide Industries Co.,Inc., nikalet ecr is melamine resin used for mould cleaner, specifically for removing stains on moulds used for epoxy-resin moulding compound.)

Besides declaring the properties, Ms Cassar challenged the company to get certification from a qualified independent individual that would declare it was safe to work with nikalet ecr while pregnant.

Ms Cassar also asked STMicroelectronics to publish the dates when protective gear, such as respirators, was installed for those employees using cleaning sheets and cleaning compounds. She insisted she had no such gear during her time there.

The couple referred to legal notice 92/2000 on the Protection Of Maternity At Work Places Regulations, which, the couple say, lays down that "a female worker who becomes pregnant shall inform her employer of her condition as soon as she becomes aware of it". This regulation was not adhered to by the company, which had failed to provide a secure place of work for Ms Cassar during her pregnancy, the couple said.

Lawyers Roberto Montalto and Edward Zammit Lewis signed the reply.