I did back up the phone. However, I was instructed not to restore from back up because it would pull in the defective software if I did. Apple store and Apple phone help told me I had to choose the new device option or I would continue to have battery life problems. It just ***** that I have already had to reload all of my settings, I have no pictures on my phone, and I don't have any of my notes. It doesn't appear there is a way to get them back without restoring from backup:( this is not what you expect from Apple.
Well, the iphone isn't a storage place for photos or videos, they should be imported to your computer as you would a digital camera to import http://support.apple.com/kb/HT4083 .
You should also be syncing your notes with iTunes, then you can sync it back. Syncing with itunes NOTES is included with the sync http://support.apple.com/kb/HT1386
If you want your pics back on your phone, restore your phone from your backup http://support.apple.com/kb/HT1386
Then import your pics to your computer, then sync your note with iTunes, once you've done that you can go to settings - general - reset - erase all contents and settings. This will wipe all data off your phone, then you can set up as new, then sync your phone to iTunes, and get your pictures/notes/apps/music back on your phone.