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Wednesday, May 23, 2007


Roger Orlando (The Orlando Firm, P.C. - Atlanta) and David Karnas (Bellovin & Karnas, P.C. - Tucson) met with our expert epidemiologists and several other lawyers from other litigation groups in Baltimore last week.  The idea was to share information and expert witness/advisor expenses in order to produce an “epi curve” which tends to show a trend of which date range shows the beginning of most infections, along with the date range into which the majority of our clients’ illnesses fall.  The primary data was provided by our outsourced nurse-review organization, R&G Medical Consultants, which has been in the process of contacting most everyone by now to obtain detailed illness information.  This data helps define a trend which we hope will serve to validate most everyone’s complaints of salmonella infection even when a positive medical culture is lacking.  The meeting was even more productive then we had expected going in.  We apologize at this point as we do not wish to publish in this forum our conclusions and adulteration trends regarding infection rates, dates of onset and manufacturer date and line codes (top of jar information).  While the information is interesting and the trends tend to prove what we know and shed light on other things we did not, much remains theory and/or attorney-client work product which we do not wish for ConAgra to be aware of at this stage.

This information sharing among other law groups puts clients and claims first, ahead of any individual lawyer’s concerns.  This especially is important with a developing trend in the “peanut butter litigation culture” toward a west coast v. east coast (in broad terms) polarization of law groups.  In a new development, the “west coast” lawyers have changed their views and are expected to ask the MDL (multi-district litigation) panel at the May 31st federal court hearing in Las Vegas to place the consolidated cases in Seattle rather than Georgia where the ConAgra plant is located along with the CDC.  While our earlier research has shown the Seattle judge to be qualified, impartial and competent to handle a case of this size, we share with others some concerns as to the motivation behind this sudden change in position toward Seattle.  As you know, our view toward recommending Georgia as the LOGICAL choice of a litigation forum has been, in contrast, consistent.  Bottom line, however, no matter where the case
ultimately is placed, we will continue to perform our duties on your behalf to our “gold standard” and optimum abilities.

In preparation for our upcoming oral argument before the MDL panel, we reviewed the geographic locations of all clients (including those referred by other law firms) who have entrusted their cases to us.  In addition to clients residing in Puerto Rico and Mexico, we are representing folks with serious illness cases (proof of peanut butter ingestion, appropriate symptom timing and manifestation and actual medical treatment) from 31 different states!  While we exhibit much pride in the fact that hundreds and hundreds of people have placed their faith and confidence in our group, we did not until now realize the true scope of geographical cultures represented. Quite simply, thank you again.

We will report further in early June following the MDL panel hearing at the federal courthouse in Las Vegas, Nevada.

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