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Summary Notice of Proposed Settlement, Settlement Fairness Hearing, and Motion for Award of Attorneys' Fees and Reimbursement of Litigation Expenses
Date:11/16/2010

laim Form"), you may obtain copies of these documents by contacting: In re Hemispherx Biopharma, Inc. Litigation, c/o Heffler, Radetich & Saitta, LLP, P.O. Box 58578, Philadelphia, PA 19102-8578.  Copies of the Notice and Proof of Claim Form may also be downloaded from the Claims Administrator's website, www.heb.hrsclaims.com.  If you are a Class Member, in order to be eligible to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim Form no later than February 19, 2011, establishing that you are entitled to recovery.  

If you have not obtained a copy of the Notice, you are urged to do so.  If the proposed Settlement is approved, you will be bound by the Order and Final Judgment whether or not you submit a Proof of Claim Form.If you desire to be excluded from the Class, you must submit a request for exclusion by December 29, 2010, in the manner and form explained in the Notice.  All Class Members who do not request exclusion from the Class will be bound by any judgment entered in the Action, including without limitation, the Order of Final Judgment and Dismissal with Prejudice, whether or not you timely submit a Proof of Claim Form.

Any objection to the proposed Settlement, Plan of Allocation, or application for attorneys' fees and reimbursement of litigation expenses must be filed with the Court and delivered to counsel for the parties not later than January 6, 2011 in the manner and form set forth in the Notice.

Inquiries, other than requests for the Notice and Proof of Claim Form, may be made to Co-Lead Counsel:

BERGER & MONTAGUE, P.C.

BROWER PIVENAttn: Sherrie R. Savett

A Professional Corporation1622 Locust Street

Attn:  David A.P. BrowerPhiladelphia, PA 19103

488 Madison Ave., Eighth FloorNew York, NY 10022PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. &
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SOURCE Berger & Montague, P.C.; Brower Piven
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