QUALIFICATIONS

Qualifications as a Litigation Expert

An experienced MD with substantial research background (NIH, FDA, CDC), equally comfortable citing clinical and scientific literature to support his opinions.

  • Served three years as a Staff Associate in the FDA's Division of Biologic Standards (housed on the NIH campus) in Bethesda, MD, conducting vaccine research and gaining a strong working knowledge of the regulatory process and Hatch-Waxman litigation

  • Holds pharmaceutical and device patents

  • Produces detailed, well-researched reports (samples available on request)

  • Strong deposition and trial experience across a wide range of case types, including high-value litigation

  • Immediately accessible by cellphone, text, and email

Selected Intellectual Property  Matters

Expert testimony in Hatch-Waxman/ANDA patent litigation involving bimatoprost ophthalmic solution for glaucoma.”

International excimer laser patent litigation involving laser vision correction technology, including proceedings in the United States, Canada, and the United Kingdom. Related cases before the FTC and ITC

Ophthalmic device patent litigation involving eyelid and ocular surface treatment devices.

Ophthalmic glaucoma drug patent litigation involving intraocular-pressure-lowering medications.

PTAB and ophthalmic pharmaceutical patent matters involving low-dose brimonidine ophthalmic formulations.

Dr Sher has been awarded patents for medical devices and ophthalmic pharmaceuticals

Medical Malpractice

Dr. Sher provides careful evaluation of potential malpractice cases and delivers clear, well-organized summaries for both plaintiff and defense attorneys. Initial case evaluations are typically conducted by phone rather than in writing.

Over 250 malpractice cases reviewed for plaintiff, defense, and insurance companies, including:

  • Trial testimony for plaintiff in a South Carolina glaucoma malpractice matter involving alleged failure to diagnose progressive glaucoma resulting in blindness.

  • Defense of a surgeon following an eyelid surgical complication

  • Corneal infection and post-refractive surgery complications, including delayed diagnosis and treatment of corneal ulcers

  • Failure to diagnose acute orbital disease and infection-related vision loss

  • Vision loss resulting from electrical shock accidents

  • Retinal damage following laser hair removal treatment

  • Failure to diagnose retinal tears and retinal detachment

  • Defense of ophthalmology clinic for adverse outcome from Herpes Zoster Ophthalmicus

Toxic Exposures and Contaminated Pharmaceuticals

Dr. Sher's clinical and litigation experience includes evaluating hundreds of patients post-industrial chlorine and anhydrous ammonia exposure, ocular irritation, and corneal injury. His background in microbiology, conjunctival and corneal infections, and his FDA experience further enhance his ability to evaluate claims involving contaminated eye drops and other ocular chemical exposures.

Government and Regulatory

Consultant to the US Department of Justice on alleged Medicare and other insurance fraud involving ophthalmology