Dear Gulf War Toxic Casualty Client:

Discovery on the merits of the litigation began in July. The attorney team for the Plaintiffs/Intervenors is meeting and coordinating discovery strategy and work. The Defendants sent Interrogatories (a set of about 30 written questions) and Requests for Production of Documents to 40 of you. It appears that they are just taking a sampling now. It is probable that they will send a set of this kind of written discovery to each of you eventually. In this regard, please collect a copy of your medical records since the war, if you have not done so yet. We do not need them now, but will need them in due course. So please keep a copy on standby.

The Court has not yet made any decisions on the personal jurisdictional issues, but is carrying those issues with the case for the time being. After discovery on the merits has gone on for sometime, we anticipate the Defendants will make motions to try to summarily dismiss the case on the merits, which we will hopefully prevail on. The Court will also eventually make a decision on class certification. It is more difficult to obtain class certification in personal injury cases due to various judicial decisions in the last few years. If the case is not certified as a class action, it will be limited to you who have signed up to participate in this litigation. Thus, if you know of veterans with significant Gulf War illness who are not yet involved in the litigation, you should let them know about it; and encourage them to contact us.

Many of you recently received an August 10, 1998, letter from David Bradley, the Chief Counsel for the Justice Department’s Foreign Claims Settlement Commission (“FCSC”). He acknowledged that you were a registrant and pointed out that effective legislation has still not passed allowing claims to be made against the approximately $1.3 billion in frozen Iraqi assets.

There is pending legislation however. Senate Bill 1794 (S.1794) was introduced by Senator Harkin on March 18, 1998. The bill is entitled the “Gulf War Veterans’ Iraqi Claims Protection Act of 1998. “The bill provides for the FCSC to adjudicate claims against Iraq. It ensures priority for claims of U.S. veterans. The bill has no co-sponsors yet however. The bill was initially referred to the Committee on Judiciary. On May 15, 1998, the bill was referred to the Subcommittee on Administrative Oversight and Courts, which is where it is now.

Also, on March 18, 1998, House Bill 3484 (H.R.3484) was introduced by Congressman Doggett in the U.S. House of Representatives and referred to the House Committee on International Relations. It is identical to S.1794 with the same title and text. On April 29, 1998, H.R.3484 was referred to the Subcommittee on International Economic Policy and Trade, where it still is. The bill has 12 co-sponsors in the House of Representatives: Gejdenson, Stabenow, Underwood, Evans, Edwards, E. Johnson, McHale, Frost, Filner, Cramer, Slaughter and Pickering.

You should write to your U.S. Senators and Representative and ask them to co-sponsor these bills. Your previous encouragement of them had an impact on October 1, 1997. On that day the U.S. House of Representatives voted 412 to 5 in favor of instructing the House/Senate Conference Committee to include Gulf War veterans among those who can claim against the Iraqi assets. Given that, it seems that if S.1794 or H.R.3484 get out of their Subcommittees and come to a vote on the floor of the House or Senate, you should win. Thus I list below the members of the two relevant Committees. Please write to any of them that are from your State:

The Senate Subcommittee on Administrative Oversight and the Courts consists of: Sen. Grassley (IA), Chairman, Thurmond (SC), Sessions (AL), Kyl (AZ), Durbin (IL), Feingold (WI) and Kohl (WI).

The House Subcommittee on International Economic Policy & Trade consists of: Rep. Ros-Lehtinen (FL), Chairman, Manzullo (IL), Chabot (OH), Campbell (CA), Graham (SC), Blunt (MO), Brady (TX), Bereuter (NE), Rohrbacher (CA), Greidenson (CT), Danner (MO), Hilliard (AL), Sherman (CA), Rothman (NJ), Clement (TN), Lantos (CA), & Luther (MN).

Please note that you need to register at any Veterans Affairs Hospital before September 30, 1998, to maintain your unobstructed rights to V.A. medical benefits. Public Law 104-262, Sections 101 and 104, of the 104th Congress requires this. Call the V.A. toll free at 1-877-222-VETS for information on how to register. There is also information on this at “www.va.gov/health/elig/” on the Internet. Do not entangle your rights at the V.A. by failing to do this.

In case you have not heard, the eligibility period for compensation for undiagnosed illnesses has been extended to symptoms that become manifest through December 31, 2001. Previously the symptoms had to be manifest within two years of leaving the theater of operations. Presently, only about 1,000 have been found to be service-connected and granted compensation under the undiagnosed-illness regulations. Of course, if a veteran’s symptoms are given any form of diagnosis by the V.A., the eligibility for undiagnosed-illness compensation is erased. The question then is whether the diagnosis given is found to be “service-connected.” Generally, the V.A. has found it not to be. Compensating the vast majority of ill Gulf War veterans has thus been avoided by the V.A.

There is legislation pending in Congress that would give a presumption of exposure to toxic substances in the Gulf War, and thus a presumption of “service-connection.” This legislation is very important to you and other Gulf War veterans. Senate Bill 2358 was introduced on July 27, 1998,

by Senator Rockefeller. Its title is the “Persian Gulf War Veterans Act of 1998.” It provides a presumption of service connection for illnesses associated with service in the Gulf War, if the symptoms relate to the kind of symptoms that one would have from the toxic exposures that existed during the Gulf War. The Committee on Veterans Affairs ordered it to be reported without amendment favorably on July 28, 1998. There are 21 Senators co-sponsoring the bill. They are: Byrd, Daschle, Conrad, Kerry, Kohl, Hutchinson, Thurmond, Jeffords, Wellstone, Biden, Bryan, Specter, Cleland, Murray, Dodd, Mikulski, Ford, Campbell, Feingold, Durbin and Boxer. If both of your Senators are not yet co-sponsoring the bill, you might want to write and ask them to or, at least, to vote for it.

A similar bill, House Bill 4036 was introduced on June 11, 1998, by Congressman Shays. Its title is the “Persian Gulf War Veterans Health Act of 1998.” It also provides a presumption of service-connection for illnesses associated with service in the Gulf War. It is still in the House Committee on Veterans’ Affairs. It has 112 U.S. Representatives as co-sponsors. You might want to write to your U.S. Representative to co-sponsor this bill if he or she is not doing so already or to, at least, support it. You can find the status of U.S. legislation, and who is a co-sponsor for it, at “http://thomas.loc.gov/bss/d105query.html” on the Internet.

Please note that the third annual national conference of Gulf War veterans will take place on September 18-21, 1998. This year it will be held in the Washington, D.C. area, specifically at the Crystal City Marriott, 1999 Jefferson Davis Highway, Arlington, VA 22202. Enclosed is a registration form in case you are able to attend. In order to get a discount at the hotel ($89 a night, regularly $149), you should call 1-800-228-9290 and say that you are “with the Gulf War Conference.” There will be panels at the conference on a variety of topics, including toxic exposures, genetic damage and chronic illnesses, multiple chemical sensitivity, p.b., Deet and organophosphate synergism, the litigation, the V.A. claims process, treatment programs and development, depleted uranium, and the future of Gulf War Illnesses. I have been asked to say a few words about possible distribution of the frozen Iraqi assets.

The keynote speaker at the awards ceremony will be U. S. Congressman Christopher Shays, the Chairman of the Subcommittee that has held the most hearings on Gulf War Illness in Congress. He has been a powerful leader and advocate for veterans in Congress. The full 136 page report of his Human Resources Subcommittee, adopted by the House Committee on Government Reform and Oversight, may be viewed at “http://www.house.gov/reform/reports/gulfweb.htm” on the Internet.

If you are not yet a member of the Gulf War veterans’ group associated with the National Gulf War Resource Center and would like to start a group or associate your group, please call (202) 628-2700 (Ext.162). Information about the NGWRC is located at “www.gulfweb.org/ngwrc” on the Internet.

The Showtime Movie Channel aired a three-hour movie about Gulf War Illness that premiered on Memorial Day. It is entitled “Thanks of a Grateful Nation.” If you have not seen it yet, you should try to. It was a sympathetic work which will help the public understand.

A new book, regarding Gulf War Illness: “Against All Enemies,” was released this summer by its publisher, Ballentine. The book’s author, Seymour Hersh, is a Pulitzer Prize-winning journalist.

On June 18, 1998, Pentagon medical researchers disclosed that the number of Gulf War veterans exposed to Sarin nerve gas in the March, 1991 demolitions at Khamisiyah is now believed to be at least 121,000, up from the previous estimate of approximately 100,000.

On December 9, 1997, the V.A. published an information letter describing the five core values that should be applied to all actions taken on behalf of veterans at all V.A. health care facilities. The stated core values are: “trust, respect, commitment, compassion and excellence.” You may thus cite these values to the V.A. if you feel they are being violated.

In May, 1998, there was a V.A. directive that no co-payments are required when medical care and treatment provided is related to toxic exposure in the Gulf War. In regard to the types of symptoms that the military medical establishment may recognize as “related to toxic exposure in the Gulf War,” please see the attached copy of my June 19, 1998, letter to Congressman Shays.

There is a Patient Advocate program at every V.A. medical center and at many V.A. outpatient clinics. If a veteran is experiencing a problem, concern, or question about medical care or policy, he or she is encouraged to seek assistance in the following manner:

* Make the concern known to the individual or employee of the service involved.

* If the veteran is not satisfied with the response, he or she may request to speak with the supervisor or Service Chief.

* If the veteran does not have the problem resolved following the first two steps, he or she may contact the Patient Advocate.

* The veteran may go directly to the Patient Advocate at any time, especially if the veteran feels uncomfortable approaching the individual, the supervisor or Service Chief.

(Information about the Patient Advocate Program can be obtained from the VHA National Patient Advocacy Center, 1900 East Main Street, Danville, IL 61832).

There is a V.A. periodical that you should be receiving. It is the “Gulf War Review.” Back issues may be seen at “http://www.va.gov/health/environ/PGR-idx.htm”on the Internet. To get on their mailing list for future issues, write to: Gulf War Review, Environmental Agents Service (131), V.A. Central Office, 810 Vermont Avenue, N.W., Washington, D.C. 20420.

The 1997 Annual Report to Congress of the Persian Gulf War Veterans Coordinating Board Research Working Group is a comprehensive review of the scientific research on Gulf War Illness. It is about 300 pages long and is at “http://www.va.gov/resdev/PGRpt97.htm” on the Internet. Most of the current research will not be completed until sometime next year.

One interesting area of research is the discovery by Dr. Clement Furlong at the University of Washington of the enzyme in the body that metabolizes Sarin. There are two types of genes for this enzyme. One is about 10 times more efficient than the other. About 10% of the population has two copies of the inefficient gene; 40% have one copy of each; and 50% have two copies of the efficient gene. Liver production also controls the amount of the enzyme in the body. This may prove to be an explanation of why some people have shown the effects of toxic poisoning and others have not. See “http://www.fhcrc.org/wmcb/htm/furloc.htm” on the Internet for more information.

My next status report to you will probably be in the first half of next year, unless I need to get additional information from you in the meantime. I appreciate your patience and support in this large undertaking. It is a privilege and an honor to work for you.

With best regards, I remain