Test positive, don't get AIDS. Seems to be the story
for more and more women.

Alex

----------------------------------

Dennis D. Webb, S.C.I.N. 09881
142 North Mosley, 2nd floor
Wichita, KS 67202
(316) 264-3500

IN THE EIGHTEENTH JUDICIAL DISTRICT
DISTRICT COURT OF SEDGWICK COUNTY, KANSAS
Civil Department

Kim Marie BANNON, )
Plaintiff )
vs. ) Case No.
)
CALYPTE BIOMEDICAL )
CORPORATION; and ROCHE )
DIAGNOSTICS CORPORATION, )
Defendants )
)

PETITION

(Pursuant to K.S.A. Chapter 60)

COMES NOW the plaintiff, Kim Bannon, by her counsel Dennis
D. Webb, and for her cause of action, states:

1. Defendant Calypte Biomedical Corporation-Delaware (hereinafter
"CBC") is a corporation duly registered to do business in the state of
California, and may be served by its resident agent John J. Dipietro,
1440 Fourth Street, Berkley, CA 94710.

2. Defendant Roche Diagnostics Corporation (hereinafter "Roche")
is a corporation registered to do business in Kansas and may be
served with process at its resident agent, National Registered Agents
of Kansas, Inc., 2101 SW 21st Street, Topeka, KS 66604.

3. Plaintiff Kim Bannon (hereinafter "Bannon") is a resident of Wichita,
Sedgwick County, Kansas and all relevant acts occurred within said
jurisdiction.

4. In April of 1992, during the course of routine medical diagnostic
testing, Bannon was diagnosed by Dr. Donna Sweet of the Kansas
University School of Medicine, Wichita, Kansas, as carrying the
"Human Immunodeficiency Virus" referred to as HIV, and widely
purported to be the cause of Acquired Immune Deficiency Syndrome
or AIDS.

5. The testing procedure used to make such a diagnosis included
the "Recombigen EIA Screen-HIV-1 EIA" and the "Cambridge
Biotech HIV-1 Western Blot Kit," both manufactured by defendant
CBC, which included a protocol for administration of the test and
criteria for assessing the results of said kits.

6. Dr. Sweet described the results of the CBC testing as "indisputable"
and "classic," and told Bannon she would develop the full spectrum of
AIDS within five to seven years and die soon thereafter.

7. In subsequent testing from 1996 to 2003 undertaken at the
direction of Dr. Sweet, Bannon was administered an AMPLICOR
HIV-1 Monitor Test Kit manufactured by defendant Roche, which
included a protocol and criteria for assessing the results of said kits;
all of said tests purportedly confirming the diagnosis of HIV infection.

8. Likewise, the Roche testing was described by Sweet as confirmation
of the HIV diagnosis, and her prognosis of the full spectrum of AIDS
and death within five to seven years.

9. In the context of the medical services and testing described, Plaintiff
was a consumer within the meaning of the Kansas Consumer Protection
Act, K.S.A. 50-623 et seq. (hereinafter KCPA).

10. In the context of the medical services and testing described,
Defendants CBC and Roche were suppliers of consumer goods
or services within the meaning of the KCPA.

11. Plaintiff discovered on April 18, 2002 that the science,
methodology, and assumptions relied upon by defendants CBC
and Roche as the basis for their respective testing and basis for
plaintiff's diagnosis was faulty, without sound medical and/or
scientific confirmation, and an otherwise flawed procedure.

12. Now more than twelve years after the "diagnosis" provided
by defendants testing procedures, plaintiff is healthy, asymptomatic,
and wholly free of any sequela of HIV or AIDS.

13. CBC and Roche engaged in deceptive acts and practices within
the meaning of KCPA, K.S.A. 50-626 as follows:
a. [50-626(b)(1)(A)] making representations knowingly or with
reason to know that the goods and/or services included approvals,
characteristics, uses and benefits which they did not have;
b. [50-626(b)(1)(B)] making representations knowingly or with
reason to know that the supplier had certain approval or status
which it did not have;
c. [50-626(b)(1)(D)] making representations knowingly or with
reason to know that the goods and/or services were of a standard
which was materially different from the representation;
d. [50-626(b)(1)(G)] making representations knowingly or with
reason to know that the goods and/or services had uses, benefits
or characteristics which had been substantiated when, in fact, they
had no such benefits;
e. [50-626(b)(2)] the willful use in oral or written representations
of exaggeration, falsehoods, innuendo, or ambiguity as to a material
fact; and
f. [50-626(b)(3)] the willful failure to state a material fact or the
willful concealment, suppression or omission of a material fact.

14. Defendants CBC and Roche engaged in unconscionable
acts and practices within the meaning of the K.S.A. 50-627 as
follows:
a. [50-627(b)(1)] taking advantage of the consumer's inability
to protect her interests resulting from an inability to understand
the language of the relevant "agreement."
b. [50-627(b)(6)] making misleading statements of opinion on
which plaintiff relied to her detriment; and
c. [50-627(b)(7)] excluded or attempted to exclude the implied
warranty of fitness for a particular purpose, to wit: that the product
or service was an accurate measure for the diagnosis of HIV/AIDS.

15. As a consequence of the unlawful denials by CBC and Roche
of the warranty claims, plaintiff has incurred losses, including but not
limited to: loss of income.

WHEREFORE, plaintiffs pray for judgment as follows:

a. civil penalties of ten thousand dollars ($10,000.00) for each
violation of the KCPA against each of the defendants;

b. injunctive relief prohibiting the defendants from further
representations asserting the suitability of the subject test
products/services; and

c. pecuniary damages suffered as a consequence of the
misdiagnosis including loss of wage/earnings;

d. non-pecuniary damages including mental anguish,
pain and suffering, shame and humiliation resulting
from the defendants' unlawful acts;

d. attorney fees pursuant to the Kansas Consumer
Protection Act; together with their costs, and such other
and further relief as the Court shall deem just and equitable.

Respectfully Submitted,

Dennis D. Webb, #09881
VERIFICATION
STATE OF KANSAS )
)ss:
COUNTY OF SEDGWICK )