Free Expert Witness Designation - District Court of Colorado - Colorado

Case 1:03-cv-02608-WDM-MJW

Document 68

Filed 11/20/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02608-WDM-MJW LORNA FOOSHEE, individually, as personal representative of the estate of MICHAEL FOOSHEE, deceased, and as parent of DARLENE FOOSHEE, a minor; RICK FOOSHEE, and MARILYN FOOSHEE Plaintiffs, v. THE UNITED STATES OF AMERICA, and MYLAN PHARMACEUTICALS, INC. Defendants.

FIRST SUPPLEMENTAL EXPERT DISCLOSURE ON BEHALF OF DEFENDANT, MYLAN PHARMACEUTICALS, INC.

Defendant, Mylan Pharmaceuticals Inc. ("Mylan"), by and through its counsel, Pietragallo, Bosick & Gordon, LLP, and Jackson Kelly PLLC, submits this First Supplemental Disclosure of Experts, averring as follows: I. EXPERT WITNESSES Mylan hereby discloses the following individual pursuant to F.R.C.P. 26(a)(2)(B): 1) Maxim D. Hammer, M.D. Assistant Professor of Neurology University of Pittsburgh Medical Center Department of Neurology 200 Lothrop St, PUH C-419 Pittsburgh, PA 15213 Dr. Hammer is a Board Certified Neurologist and Vascular Neurologist and an Assistant Professor of Neurology at the University of Pittsburgh Medical Center. He is expected to testify consistent with the attached report. Dr. Hammer's fee schedule is rate is $450/hour generally and $2,000.00 for a 90 minute deposition and

Case 1:03-cv-02608-WDM-MJW

Document 68

Filed 11/20/2006

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$4,000.00/day for trial testimony. A copy of Dr. Hammer's CV is also attached. Mylan will supplement this disclosure with a list of Dr. Hammer's testimony.

Respectfully submitted, PIETRAGALLO, BOSICK & GORDON

By:

/s/ Clem C. Trischler Clem C. Trischler, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 Phone: (412) 263-2000 Fax: (412) 261-5295 [email protected]

JACKSON KELLY, PLLC

By:

/s/ William David Byassee William David Byassee 1099 18th Street, #2150 Denver, CO 80202 Phone: (303) 390-0003 Fax: (303) 390-0177 [email protected] Counsel for Defendant, Mylan Pharmaceuticals Inc.

Case 1:03-cv-02608-WDM-MJW

Document 68

Filed 11/20/2006

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that a copy of the Disclosure of Experts on behalf of Mylan Pharmaceuticals Inc. was filed electronically with the Clerk of Court to be served by operation of the Court's electronic filing system upon all attorneys of record on this 20th day of November 2006 to:

D. Robert Jones, Esq. 219 West Colorado Avenue, #210 Colorado Springs, CO 80903 Counsel for Plaintiffs Kurt J. Bohn, Esq. U.S. Attorney's Office 1225 Seventeeth Street, #700 Denver, CO 80202 Counsel for Defendant United States

/s/ Clem C. Trischler