CAUSE NO. D-1-cN-12-000003

DR. ANDREW J. WAKEFIELDO MB., $ IN TIIE DISTRICT COURTBS. S

$v. g FoR THE 250th JUDICIAL DISTRICT

$s

THE BRITISH MEDICAL JOURNAL, $a dlbla of BMJ PUBLISHING GROUP $LTD, also d/b/a BMJ GROUP, and $BMJ, BRIAN DEER' individually, and g TRAVIS couNTY, TEXASDR. FIONA GODLEE, individually. S

AFFIDAVIT OF JOHN D. SABA JR. IN RESPONSE TO DEFENDANTS' ANTI-SLAPPMOTION TO DISMISS

Before me, the undersigned authority, on this daypersonally appeared JOHN D. SABA JR.,

known to me to be the person whose name is subscribed to this instrument, and having been by me

duly sworn, upon his oath deposes and states as follows:

1. "My name is JOHN D. SABA JR., I am over the age of eighteen, am an adult resident of

Austin, Texas, and am fully competent and able to testify herein. I have personal knowledge of

all of the facts set forth herein, and they are true and correct.

2. On or about July 3, 2012,I accessed a webpage on bmj.com titled Libel.l A true and

correct copy of the webpage is attached hereto as Exhibit L.

3. On or about July 18,2012, I accessed an article on bmj.com titled GMC Wakefield

Verdict: Reflections on investigating Wakefield.2 A true and correct copy of the article in .pfd

format from webpage is attached hereto as Exhibit 2.

1 Available at http: www.bmj.com/about-bmj/resources-authors/forms-policies-and-checklists/libel" Available at http: www.bmj. com/ contentl 3 40 lbmj.c67 2

Filed12 July 19 P11:35Amalia Rodriguez-MendozaDistrict ClerkTravis DistrictD-1-GN-12-000003

4. On or about December 22,2011, I accessed an article on briandeer.com titled, Exposed:

Andrew Wakefield and the MMR-autism fraud.3 A true and correct copy of the webpage is

attached hereto as Exhibit 3.

5. Attached as Exhibits 4-8 are true and correct copies of Exhibits 35, 38, 39,40 & 43 to

the Deposition of BMJ Corporate Rep. J.Smith, June 28,2012 (which are temporarily filed under

seal in accordance with the parties' Confidentiality Agreement).

6. Attached as Exhibit 9 is a true and correct copy of Exhibit 44 to the Deposition of BMJ

Corporate Rep. J.Smith, June 28,2012.

7. Attached as Exhibit L0 is true and correct copy of an excerpt from the GMC proceeding.

Further, Affiant sayeth not.

Signed this 19th Day of July,2012.

STATE OF TEXAS

TRAVIS COUNTY

SUBSCRIBED and SwoRN To BEFORE ME on this /q ftday of July 2012, to

certify which witness my hand and seal of office.

o Available at http:/ lbriatdeer.com,/mmr/lancet-summary.htm

1

$$$

KAY E. GENTRYNotary Pubtic, State of Texas

My Commisgion ExPiresApt l l 20, 2015

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Affidavit of John D. Saba Jr. inResponse to Defendants' Anti-SLAPP Motion to Dismiss has been served on counsel ofrecord under the rules this 19th dav of Julv. 2012.

Mr. Marc A. FullerVinson & Elkins LLPTrammel Crow Center2001 Ross Ave., Ste. 3700Dallas, TX7520I-2975(2r4) 220-7700(21 4) 220-7 7 1 6 facsimilemfuller@velaw.com

David P. BlankeVinson & Elkins LLP2801 ViaFortuna, Suite 100Austin, TX78746(sr2) s42-8622(srz) 236-33 la (fax)dblanke@velaw.com