Plaintiff Carolyn Bailey's  August 28, 2006 proposed Dispute Resolution for

                                                         BAILEY  V.  PALMISANO  ET AL

New Jersey Superior Court  Docket # 05236-06  Law Division  Essex County  Civil Action

1.  International Business Machines (IBM) will establish (within 6 months) a wide spread public awareness campaign that will last at least 5 years, directed at persons who have worked around industrial grade chemicals during the last 40 years.  IBM's campaign would educate and encourage those individuals to take a cancer screening blood test or equivalent medical tests, if such are accurate.  In the event that the individual cannot afford the tests, IBM will offer some form of financial assistance/counseling to enable and encourage all affected individuals to take the medical tests.

This public awareness campaign could be patterned after the ongoing anti-smoking and responsible drinking campaigns of the tobacco and alcoholic beverages industries.  IBM's campaign should include announcements in multiple languages, and should be disseminated in the press, over the airways, on billboards, on IBM's  Internet site, and in all other places where it is likely to attract the attention of a broad spectrum of the general public and health care community.

Plaintiff has no objection to IBM seeking or establishing the cooperation and/or some financial participation of other employers, government agencies, etc.  But the primary responsible for the coordination and fulfillment under this Resolution would be borne by IBM.

Plaintiff notes that the late Philip J. Bailey. Jr.'s multiple myeloma was detected by a blood test a year before there were apparent physical symptoms.  That gave us our last "doctor/hospital free" year.  Our extended family used that "extra" time to prep ourselves, as best we could, for the glum months that awaited us.  The enactment of this Resolution would offer that same gift of time to countless others and their loved ones.

2.  IBM will offer "in lieu of" settlement awards to those current and former IBM employees and their family members who qualify for such awards but for the existence of time bars or other statutes of  limitation.  In other words,  those uncompensated employees or their family members who:

a.  Worked at IBM's manufacturing sites in jobs that exposed them to industrial grade chemicals; and,

b.  Suffered or experienced diseases and disabilities similar to those suffered or experienced by compensated current or former employees and/or their families,

will be eligible to the "in lieu of" awards.

IBM will make every effort to identify and contact such persons or their next of kin.

Plaintiff notes that the medical bills and pain and suffering are just as real for persons, like herself, who had no reason to connect the disease, disability, or death to on-the-job chemical exposure.

3.  IBM will offer to Plaintiff and Infant Alyce Bailey a settlement that will sufficiently compensate them for their loss and injury. 

4.  The Defendant Attorneys and their respective law firms (individually or collectively) will offer to Plaintiff and Infant Alyce Bailey a settlement adequate to compensate them for any and all injuries and stresses they suffered because of the deeds and misdeeds of the Defendant Attorneys and their respective law firms.