Free Expert Witness Designation - District Court of Colorado - Colorado

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

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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.

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 Disclosure of Experts, averring as follows: I. PRELIMINARY STATEMENT

On Friday, November 3, 2006, Mylan filed a Motion for Enlargement of Time pertaining to two (2) of its expert reports. All parties consented to this motion. This Motion is currently pending. II. EXPERT WITNESSES

Mylan hereby discloses the following individuals pursuant to F.R.C.P. 26(a)(2)(B): 1) Jerome P. Skelly, Ph.D. 9321 Coral Lane Alexandria, VA 22309

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Dr. Jerome P. Skelly is the president of the American Association of Pharmaceutical Scientists and a Professor of Biopharmaceutics, College of Pharmacy at the University of Cincinnati. Dr. Skelly was employed by the FDA from 1968 to 1992. He is expected to testify consistent with the attached report. Dr. Skelly's fee schedule is rate is $500/hour generally and $4,000/day for deposition
and/or trial testimony. A copy of his CV is also attached. Mylan will supplement this disclosure with a list of Dr. Skelly's testimony.

2)

Marvin C. Meyer, Ph.D. 1700 SW 6th Ave. Boca Raton, FL 33486 Dr. Meyer is a professor and former Chairman of the Department of Pharmaceutical Sciences and Associate Dean for Research and Graduate Programs at the College of Pharmacy, University of Tennessee Health Science Center. Dr. Meyer has conducted research in the areas of bioavailability, pharmacokinetics and assay methodology. Dr. Meyer will testify consistent with the attached report. Dr. Meyer's fee schedule is $300/hour generally and $500/hour for deposition and/or trial testimony. A copy of Dr. Meyer's CV is attached. A list of his testimony is contained within his report.

3)

Joel Philip Freiman, M.D., M.P.H. 27 Mistflower Place The Woodlands, Texas 77381 Dr. Freiman has extensive experience with the FDA in the areas of epidemiology and biostatistics. Dr. Freiman is an expert in the area of epidemiology. Dr. Freiman will testify consistent with the attached report. Dr. Freiman's fee schedule is $350/hour generally and $500/hour for deposition and/or trial testimony. A copy of Dr. Freiman's CV is attached. A list of his testimony is contained within his report.

4)

Emanuel Rubin, M.D. 1505 Monk Road Gladwyne, PA 19035 Dr. Rubin is a Board Certified Pathologist and Chairman Emeritus of the Department of Pathology, Anatomy and Cell Biology at Jefferson Medical College, Philadelphia. Dr. Rubin may be called to offer an opinion on the medical records of the decedent and offer causation testimony. His opinion will be based upon a review of the medical records, autopsy report and autopsy slides. Mylan has subpoenaed, but not yet received various documents and other items, including tissue and blood samples, taken by the coroner during the autopsy of

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Michael Fooshee. These items are necessary for Dr. Rubin to complete his review. Mylan has requested an extension until November 20, 2006 to file Dr. Rubin's report.

5)

Rodney A. Radtke, M.D. Duke University School of Medicine Box 3678 Durham, NC 27710 Dr. Radtke is a Professor of Medicine at Duke University Medical Center and is Board Certified by the American Board of Clinical Neurophysiology and the American Board of Sleep Medicine. His clinical interests include epilepsy (medical and surgical treatment), sleep disorders, and EEG. Due to professional and personal commitments, Dr. Radtke is unable to meet the November 6, 2006 deadline and Mylan has requested an extension to file his report.

6)

Patricia L. Pacey, Ph.D. Pacey Economics Group 6630 Gunpark Drive, Suite 200 Boulder, CO 80301 Dr. Pacey is founder of Pacey Economics and is an expert in the field of Economics. She has a Ph.D. in Economics and B.A. in Mathematics from the University of Florida. Dr. Pacey will respond to any economic loss claims made by Plaintiffs. On October 19, 2006, Plaintiffs filed the report of John Mahan and have agreed to an extension to Mylan to file a response.

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]

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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.

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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 6th 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