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Second Class Notice

Page 1

SUPERIOR COURT OF THE STATE OF WASHINGTON KING COUNTY

DAMAGES CLAIMS MAY NOW BE BROUGHT This notice may affect your rights or the rights of a child for whom you care or cared for. Please read carefully. The Court has authorized this notice. It is not a solicitation. TO:

All Seattle Children’s Hospital child patients who received preventative treatment for

aspergillus exposure at Seattle Children’s Hospital at 4800 Sand Point Way NE between December 2, 2016 and November 2019 and who suffered special and/or general damages as a result of their prophylaxis treatment (the “Class”), and to their parents or guardians. A FORM IS PROVIDED at the end of this Notice. To assure that you preserve the right to bring a damages claim in this action, your response is REQUIRED no later than April 1, 2024. 1. Why Did I Receive This Notice? The Court has directed this Notice to update Class Members on the status of the class action lawsuit pending on their behalf known as Mills and Lukas et al. v. Seattle Children’s Hospital, No. 19-2-31648-9 SEA, (formerly Kerr et al.) filed in King County Superior Court and assigned to the Honorable Jim Rogers. 2. What Is the Status of the Class Action Lawsuit? Seattle Children’s has elected not to contest the claim that it was negligent in exposing the Class to the risk of Aspergillus surgical site infections in 2019, which resulted in the Class being recommended prophylactic (preventative) treatment. This means Seattle Children’s is legally responsible for any damages caused by such negligence. The Class and their parents who wish to bring claims in this action for any damages they suffered are now REQUIRED to return the FORM enclosed with this notice no later than April 1, 2024. Any claims not preserved by returning this FORM may be or may soon be barred by a statute of limitations. The statute of limitations refers to the time allowed to file a lawsuit. Although many claims are time-barred if not filed within three years of the date of injury, this depends on the circumstances of each case. Class Members and their parents who do not return the FORM will not receive further class notice and may also be excluded from further proceedings in this action.

Questions? Visit www.stritmatter.com/seattlechildrenshospitalaspergillusclassaction


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