UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

SUNIL EAPPEN, as administrator of the
estate of MATTHEW EAPPEN,

Plaintiff,

V.

LOUISE WOODWARD,

Defendant.

PLAINTIFF'S AFFIDAVIT IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

Sunil Eappen, being duly sworn deposes and states as follows:

1. My name is Sunil Eappen. I presently reside at 33 Bemuth Road, Newton Highlands, Massachusetts. I live in Newton Highlands with my wife, Deborah Eappen, and my son, Brendan Eappen. The facts set forth in this affidavit are based on my personal knowledge, information and belief and I believe the information to be true.

2. My son, Matthew Eappen, was born on May 24, 1996.

3. On February 4, 1997, my son Matthew was in the care of the defendant, Louise Woodward. Louise Woodward was a British national serving as an au pair and living in our home.

4. On February 4, 1997, Matthew was rushed by ambulance to the Children's Hospital in Boston. An emergency room physician examined Matthew and determined that Matthew was in a coma, in critical condition, and in full respiratory arrest. Matthew's treating physicians detected bilateral retinal hemorrhaging indicating that Matthew had suffered violent shaking. Emergency surgery was performed by a pediatric neurosurgeon. Despite the efforts of Matthew's treating medical team, Matthew's condition continued to deteriorate and he died on February 9, 1997.

5. Matthew's Death Certificate states that Matthew's head was "... struck against [a] hard object" and that "blunt head trauma" was the cause of death. A copy of Matthew's Death Certificate is attached as Exhibit A.

6. Thereafter, on or about December 22, 1997, I was appointed as Administrator of Matthew's Estate. A copy of the appointment is attached as Exhibit B.

7. Louise Woodward was convicted of the involuntary manslaughter of Matthew. A copy of the criminal docket sheet, Commonwealth v. Louise Woodward, Middlesex Superior Court Criminal Action No. 97-433, is attached as Exhibit C.

8. As set forth in the Probate Petition, attached as Exhibit B, my wife Deborah and I are Matthew's "heirs at law or next of kin."

9. Matthew's death deprived me, my wife, and my son Brendan of the great joy, love, companionship and comfort that we would have enjoyed from Matthew's continued life.

10. The medical, funeral and burial expenses incurred as a result of Matthew's treatment and death exceeded $50,000.

11. While living in our home, Louise Woodward told my wife and I that she is a citizen of England and that she arrived in the United States pursuant to a cultural exchange visa in or about June 1996. She was sponsored by EF Au Pair, and her visa was due to expire in June 1997. Louise Woodward also told us that she and her family were of "modest means." On information and belief, Louise Woodward has no significant assets in Massachusetts or England.

12. Upon information and belief, Louise Woodward is currently residing in Marblehead, Massachusetts with her attorney, Elaine Whitfield-Sharp.

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON APRIL 1, 1998.

Sunil Eappen