Exhibits

Taiwanese Hemophiliacs Infected by US Made HIV-Contaminated Medications: Exhibits

On the Role of Sexual Behavior in the Spread of Hepatitis B Infection
Christopher Waage v. Cutter Biological Division of Miles Laboratories, Inc.

Exhibit 1: Cutter Memo to Taiwan supplier re sales of AHF since 1977, 2 April 1985

Exhibit 2: Cutter Memo re meeting with Taiwan Dept of Health, 4-5 Feb 1997

Exhibit 3: Cutter Memo re heat treatment killing AIDS virus, 17 May 1984

Exhibit 4: Cutter Note re AHF study and chimpanzees developing AIDS-like symptoms, 14 Dec 1982

Exhibit 5: July 1982 MMWR reporting hemophiliacs showing symptoms of
disease observed in gay men

Exhibit 6: Oct 1984 MMWR reporting increasing cases of AIDS in hemophiliacs

Exhibit 7: Cutter Memo re plasma screening test recommended by the FDA, 19 Dec 1983

Exhibit 8: Cutter Memo re FDA asking Cutter to voluntarily exclude gays
from plasma collection, 30 Aug 1982

Exhibit 9: Cutter Memo re FDA asking Cutter to exclude high risk donors,
including prisoners, 21 Dec 1982

Exhibit 10: Advertisements in various gay magazines for plasma donors exposed to hepatitis

Exhibit 11: Cutter letter to Warden of Arizona State Prison in Florence re FDA
concern re prisoner plasma, 19 Jan 1983

Exhibit 12: Letter from Cutter’s Oakland Plasma Center to Cutter, that center was found to be in non-compliance re plasma collection from IV drug users, 19 May 1981

Exhibit 13: Cutter Memo re FDA asking for exclusion of plasma from high risk donors, 13 Dec 1982

Exhibit 14: Transcript of Steven Ojala (Cutter) presentation to FDA Committee
opposing mandatory recalls, 19 July 1983

Exhibit 15: Internal Cutter Memo from Mozen that heat treated AHF would
probably be safer,
4 Jan 1983

Exhibit 16: Letter from FDA to Hyland / Travenol approving their heat
treatment license, 21 March 1983

Exhibit 17: Letter from FDA to Miles (Cutter) approving their heat treatment license, 29 Feb 1984

Exhibit 18: Letter from Cutter to FDA, date 9 Aug 1985, that they ceased making and distributing non-heat treated product on 21 June 1985

Exhibit 19: Letter from FDA to Miles/Cutter acknowledging Cutter’s letter of 9 Aug 1985

Exhibit 20: Confidential Cutter Memo of 15 Nov 1984 regarding excess inventory of non-heated AHF

Exhibit 21: Cutter Telex of 29 Nov 1984 regarding continued sale of non-heated AHF to the Far East

Exhibit 22: Cutter’s 1984 Far East Marketing Memo stating that a recall would cost
Cutter $2 Million during 1984

Exhibit 23: Cutter’s 1985 Far East Marketing Memo stating Cutter has no immediate plans to stop selling non-heated AHF, because AIDS was not yet an issue in the Far East, and that “hysteria over AIDS” could cost them to lose sales and profit

Exhibit 24: Telex from Cutter to Hong Kong supplier, dated 6 May 1985, stating that non-heated product is still being sold in Taiwan and other countries, describing non-heated AHF as
“the same fine product”

Exhibit 25: Cutter Memo dated 30 May 1985, regarding FDA request to Cutter to stop making
non-heated AHF

Exhibit 26: Cutter telex dated 31 Oct 1983, recalling AHF lots containing plasma from Austin donor who died of AIDS

Exhibit 27: Cutter Memo of 4 Nov 1983 regarding recall due to Austin donor “diagnosed
as having AIDS”

Exhibit 28: Cutter Telex to Taiwan supplier regarding recall, saying donor was “suspected of AIDS”

Exhibit 29: Cutter Letter introducing sales manual for heat treated AHF, dated 12 April 1984

Exhibit 31: Cutter Marketing Bulletin dated 26 June 1985 saying “Effective immediately, no further exports of non-heat treated AHF” would be made

Exhibit 32: Cutter telex to Taiwan supplier, dated 20 Sept 1985, offering exchange of heat-treated AHF for the non-heat treated AHF

Exhibit 33: Cutter Memo regarding international AIDS symposium in April 1985, and the amount
of information now known about AIDS, in which it was recommended that non-heated AHF
no longer be used

Exhibit 34: Jury verdict of $2 Million in JKB case in Indiana, 20 March 1997

Exhibit 35: Jury verdict of $35.3 Million in Dixon case in Louisiana, 15 March 1999

Exhibit 36: News release dated 19 Feb 1998, regarding Bayer providing “humanitarian aid” to Taiwanese hemophiliacs who contracted HIV

Exhibit 37: News release dated 14 Feb 1998, wherein Bayer claims it had won all litigation cases throughout the world

Exhibit 39: Bayer responses to Discovery requests, 13 Feb 2008, listing participants in the Taiwan aid negotiations

Exhibit 40: Bayer responses to Discovery requests, 26 Oct 2007, regarding Taiwan aid negotiations

Exhibit 42: US Court of Appeals decision on Gruca, which notes that their decision was based upon the fact that the AHF used which infected the person who died of AIDS, was made by another manufacturer other than Cutter

Exhibit 42a: Gruca case settlement with Alpha Therapeutic Corporation, 21 Jan 2003

Exhibit 44: Paragraph 9 of Taiwan Humanitarian Aid agreement, regarding additional compensation to Taiwan claimants, if Bayer pays higher compensation to others

Exhibit 45: Paragraph 18 of attorney’s declaration, that Taiwan humanitarian agreements were signed between 1998 and 2002

Exhibit 46: Letter of 11 May 2004 to Bayer, requesting enforcement of the scale-up clause of the Taiwan agreement, and increased compensation to Taiwan victims

Exhibit 47: New York Times story of 22 May 2003, regarding Bayer’s dumping of infective product in overseas countries

Exhibit 54: Bayer letter of 16 Feb 1998 to Taiwan Department of Health regarding negotiations on humanitarian aid

Exhibit 63: Cutter memo dated 27 Jan 1982, that “hepatitis free” AHF product was being tested, and that Dr. Louis Aledort stated “that once this product is licensed, it would be unethical to place a patient on other therapy”

Exhibit 64: Cutter Memo dated 1 June 1983 regarding hemophiliacs diagnosed with AIDS had used AHF, and that heat-treated AHF in Europe appeared free of hepatitis and thus was safer

Exhibit 65: Cutter Memo dated 6 June 1983 regarding heat treated AHF appearing safer

Exhibit 66: Cutter Marketing Bulletin of 6 July 1983 downplaying heat treatment,
saying not proven, etc

Exhibit 67: Cutter’s ECHO publication to hemophiliacs, dated May 1983, stating there is “no evidence”, and downplaying heat treatment of AHF

Exhibit 68: Cutter Memo of 22 Nov 1983 stating Cutter had made a “corporate commitment” to produce heat treated AHF, that they had a “quality heat treated process” that would be available in early 1984

  • Best Law Firms 2021
    Best Law Firms 2021

    The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

  • National Trial Lawyers Top 100
    National Trial Lawyers Top 100

    The National Trial Lawyers Top 100 recognized the law firms of Baum Hedlund Aristei & Goldman, the Miller Firm and Audet & Partners with the 2019 Trial Team of the Year award (in the Mass Torts category) for their work in the groundbreaking case of Dewayne “Lee” Johnson v. Monsanto Company.

  • Elite Trial Lawyers
    Elite Trial Lawyers

    NLJ and American Lawyer Media honor law firms and attorneys as Elite Trial Lawyers for their cutting-edge legal work on behalf of plaintiffs in practice areas ranging from mass torts to securities litigation.

  • AV Top Ranked Law Firm
    AV Top Ranked Law Firm

    Less than one-half of one percent of firms across the nation have achieved this ranking. A firm must have a high percentage of lawyers who have achieved the prestigious AV® Preeminent rating by Martindale-Hubbell®.

  • Listed in Best Lawyers
    Listed in Best Lawyers

    Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers.

  • National Board of Trial Advocacy
    National Board of Trial Advocacy

    The National Board of Trial Advocacy is dedicated to bettering the quality of trial advocacy in our nation’s courtrooms and helping consumers find experienced and highly qualified trial lawyers.

  • Nation's Top 1%
    Nation's Top 1%

    The NADC is an organization dedicated to promoting the highest standards of legal excellence. Only the elite few attorneys are invited to join the NADC, less than 1% of practicing attorneys in the U.S.

  • Verdicts Hall of Fame
    Verdicts Hall of Fame

    The National Law Journal inducted Baum Hedlund into the Verdicts Hall of Fame for obtaining the $2 billion landmark verdict in the Roundup cancer case of Pilliod et al. v. Monsanto. The verdict was #1 in California and #2 in the U.S. in 2019 and is #9 in American history.

  • AV Rated
    AV Rated

    An AV® rating reflects an attorney who has reached the heights of professional excellence. The rating signifies the highest legal ability, and very high adherence to professional standards of conduct, ethics, reliability, and diligence.

  • Super Lawyers
    Super Lawyers

    Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.

  • Multi-Million Dollar Advocates Forum
    Multi-Million Dollar Advocates Forum

    Multi-Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.  Membership is limited to attorneys who have won million and multi-million-dollar verdicts and settlements.

  • Bar Register of Preeminent Lawyers
    Bar Register of Preeminent Lawyers

    The Bar Register is the definitive guide to the most distinguished law firms in America. It includes only those select law practices that have earned the highest rating in the Martindale-Hubbell Law Directory and have been designated by their colleagues as preeminent in their field.

/

Firm Reviews

What Our Clients Are Saying
  • Top Legal Minds in the Country

    “The Baum, Hedlund firm has some of the top legal minds in the country; they are driven, determined, trustworthy, ethical and passionate.”

    - From Best Lawyers® Best Law Firms
  • I Can’t Imagine a Better Law Firm

    “Multiple lawyers recommended Baum Hedlund to me and I have been consistently impressed with the quality of their work.”

    - Best Law Firms Survey
  • Diligent & Professional Representation

    “Thanks to your efforts I was able to recover from a tragic experience and turn my life around for the best.”

    - W.T.
  • Our Best Interest Was Always Number One on Your List

    “A special thank you to your Spanish-speaking staff for the extra effort put into this case. The language barrier was never a problem, and we are so very thankful to them. Your name holds much respect in our family.”

    - G.C. & C.C
  • We Have Never Met a More Wonderful Group of People

    “It is obvious that the people at Baum, Hedlund, Aristei, & Goldman believe in what they do. And that you all really care about your clients.”

    - The B. Family
/

Contact Us Today

No Fees Unless We Win
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your city.
  • Please make a selection.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.