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VICTORIA KLEIN and ASHLEY SWADLEY, Plaintiffs, v. O'NEAL, INC. d/b/a O'NEAL, JONES FELDMAN PHARMACEUTICALS, CVS REVCO D.S., INC., and RETRAC, INC., Defendants.

ORDER

JERRY BUCHMEYER, District Judge

On this the 11th day of May, 2004, came on to be heard the Plaintiffs' motion to order disclosure to the Plaintiffs of the receipients of E-Ferol, a Vitamin E supplement that was manufactured and marketed by O'Neal, Jones Feldman Pharmaceuticals and Carter Glogau Laboratories during the period from November 1, 1983, to April 14, 1984. This order is directed to the Defendants and to each medical provider, including hospitals, physicians, pharmacies, and distributors who, in any way, provided or were aware of the identity of those who were provided E-Ferol during the above time period.

Each medical provider is hereby ordered to provide to the Plaintiffs' attorneys listed in this order all identifying information, including the name, social security number, Medicaid number, parents' names, last known home or work address, telephone numbers, and parents' social security numbers, in addition to any other information that would aid in locating and informing each of the recipients of E-Ferol, all of whom were premature infants less than five months old at the time, that they received this drug. Any and all information available so as to identify the parents, guardinans, or relatives with knowledge of the whereabouts of E-Ferol recipients, is hereby ordered disclosed. Copies of birth certificates, if obtained, are also to be provided, including any other information in the files of the above medical providers so as to allow the attorneys representing the class representatives in this class action to identify the members of the class.

The Court also orders any information concerning the death of any recipient of E-Ferol, including the death certificate and other identifying information to be provided.

All information provided to Plaintiffs' attorneys is to be used for the sole purpose of locating E-Ferol recipients and notifying them of this suit and their potential status as a class member.

It is so ORDERED.

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KLEIN v. O'NEAL, INC. (N.D.Tex. 2004)
(May 11, 2004)