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MEDICAL RECORD COLLECTION

Monday, April 2, 2007

 

On March 30, 2007, Attorneys Roger Orlando and David Karnas met with, and retained, R&G Medical Consultants, Inc of Phoenix, Arizona to assist in the processing and triage of your claims. R&G is a group comprised primarily of registered nurses and computer technicians. YOU WILL BE RECEIVING A PACKAGE FROM R&G IN THE COMING FEW WEEKS. This package will contain additional medical release forms and a very short questionnaire. Please complete and sign these forms as directed as quickly as possible so we may continue to process and present your claims to ConAgra.

The purpose we hired R&G is as follows:

R&G will more quickly collect your medical records and maintain them in a centralized location under privacy-insuring, secure storage conditions. R&G also provides you with immediate professional medical reviews of your records. This coordinated and centralized effort means we do not have to individually collect your records and then ship them piecemeal for review and triage. Ultimately, your attorneys feel this will save all clients costs as well.

R&G further will organize and BATES stamp your records (BATES stamping is a traditional and legally recognized form of numerically coding exhibits for use in settlement or for use and presentation at depositions, during discovery or at trial.)

Finally, R&G will scan all of your medical records and file materials onto an on-line data base which can be accessed from anywhere your lawyers or consulting experts will be working, either individually or as part of a collective effort. All of your records are encrypted and password protected for further privacy and security, with a triple backup system with backup tapes being maintained in Arizona, New York and New Jersey. Again, only the nurse review team and your lawyers, or specially permitted experts, can access your personal records.

MULTI-DISTRICT LITIGATION (“MDL”):

Your lawyers have taken part in organizing and co-hosting the first pre-MDL meeting presently scheduled to take place on Thursday, April 5, 2007 in Atlanta. Lawyers representing all of the largest plaintiffs groups in the country have been invited, and the majority have indicated as of this writing that they will attend. Although the MDL Panel (the nationally assembled oversight committee headquartered in Washington, D.C.) may yet place the centralized MDL anywhere in the country (we have no crystal ball in this regard), the front-runners appear to be a lawsuit pending in the Kansas City area and your lawsuit pending in Atlanta. In any event, we expect fully your attorneys will play a prominent role in pursuing the claims nationwide adverse ConAgra.

PEANUT BUTTER TESTING:

The lab we have retained in San Antonio, Texas, has begun to receive and test samples we have sent to them from around the country. At this time, in an effort to contain costs, we only have tested peanut butter from either those cases with the most extreme damages (severe illness, hospitalization, intestinal surgery and death) or randomly selected control clients. We have received preliminary reports of positive test results from a good number of our clients’ peanut butter samples. That is, the lab has indicated initial finds of salmonella bacteria within a number of our clients’ peanut butter jars. These test results are subject to further confirmation.

Also, keep in mind that a negative result does not mean that your sample did not contain salmonella at one point. The bacteria does not disburse evenly throughout a jar and, accordingly, if you were ill with appropriate symptoms, it is possible you consumed the only adulterated portion contained in your jar.

CAUTION: We wish to remind you not to freeze your peanut butter or expose it to direct sunlight or extreme temperatures. Also, do not mail or otherwise ship your remaining peanut butter to us (or bring it on an airplane) as this may subject your sample to x-ray inspection which potentially could destroy evidence of the presence of salmonella. All of our samples are shipped in biological specimen, appropriately coded Federal Express packaging to assure that the contents are not x-rayed.

As always, thank you for your confidence in entrusting this most important matter to us for handling. Call us with any specific questions you may have.

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