CLIENTS

Clients and Selected Cases

Selected Law Firms and Insurance Companies

INSURANCE COMPANIES & LAW FIRMS

  • St. Paul Companies
    St. Paul, MN — Malpractice-related matters

  • Minnesota Mutual Insurance Exchange
    Minneapolis, MN

  • Lovell White
    London, UK

  • Brown & Crouppen, P.C.
    St. Louis, MO

  • Faegre Drinker Biddle & Reath LLP
    Minneapolis, MN · Philadelphia, PA

  • Fox Rothschild LLP
    Philadelphia, PA

  • Greenberg Traurig, LLP
    Miami, FL

  • Lind, Jensen, Sullivan & Peterson, P.A.
    Minneapolis, MN

  • The Lyle Law Firm
    Lexington, SC

  • Robins Kaplan LLP
    Minneapolis, MN

  • Wilson Sonsini Goodrich & Rosati
    Palo Alto, CA

  • Windels Marx Lane & Mittendorf, LLP
    New York, NY

  • Colon-Serrano Law
    San Juan, Puerto Rico

GOVERNMENT & JUDICIAL

Selected Government and Regulatory Agencies

  • U.S. Department of Justice
    Washington, DC

  • Minnesota Supreme Court
    St. Paul, MN

  • Puerto Rico Department of Health
    San Juan, PR

MEDICAL EQUIPMENT & PHARMACEUTICALS

Medical Equipment and Pharmaceutical

  • Allergan Pharmaceuticals — Irvine, CA ( AbbVie)
    Pharmaceutical Research 

  •  Alcon Laboratories — Fort Worth, TX
    Pharmaceutical, Refractive Surgery

  • Daiichi Sankyo Inc. — Basking Ridge, NJ
    Pharmaceutical Company, Drug Trials 

  •  Medtronic Inc. — Minneapolis, MN
    Pacemakers and Lasers

  • St. Jude Medical Inc.
     Pacemakers and Defibrillators

  •  CIBA Vision (now Novartis) — Atlanta, GA
    Refractive Surgery and Pharmaceutical Research 

  • Chiron Ophthalmics (now Novartis)
    Refractive Surgery

  • VISX Inc. — Santa Clara, CA
    Excimer Lasers, Patent-Related Issues, Medical Advisory Board 

  • Aesculap/Meditec — Heroldsberg, Germany
    U.S. Medical Monitor for Excimer Laser Studies 

  • Refractec, Inc, Irvine, CA
    Conreal reshaping devices

  • Harpel Advisors — New York, NY
    Private Equity Firm

  • ISTA Pharmaceuticals (now Bausch + Lomb)
    Pharmaceutical Research

CASE EXAMPLES

Selected Complex Litigation Experience

OVERVIEW

Breadth of Complex Litigation Experience

Dr. Sher has provided expert ophthalmology analysis and testimony in a wide range of complex matters, including medical malpractice for plaintiff and defense,  ocular injuries, ophthalmic pharmaceutical patent litigation, ophthalmic device disputes, refractive surgery litigation, toxic gas/chemical exposure claims, and visual disability cases. He has served as a consultant to the US Department of Justice for alleged  Medicare and other insurance fraud.  He has served as a consultant to the Minnesota Supreme Court on visual disability issues. 

His experience includes plaintiff and defense matters involving glaucoma diagnosis and progression, corneal infection after refractive surgery, LASIK and PRK complications, orbital cellulitis, traumatic and toxic eye injury, and loss of vision. He has also served as an expert in ophthalmic pharmaceutical and medical device patent litigation, including disputes involving glaucoma medications, low-dose ophthalmic drug formulations, excimer laser systems, and ophthalmic treatment devices.

Dr. Sher’s medicolegal work draws on more than four decades of clinical ophthalmology and ophthalmic surgery experience, extensive refractive surgery and corneal disease expertise, participation in ophthalmic drug and device trials, and prior service as an expert in state court, federal court, PTAB, FTC, ITC, Canadian, and United Kingdom proceedings.

INTELLECTUAL PROPERTY

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

Over 250 Malpractice Cases Reviewed — Plaintiff, Defense & Insurance

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

  • Defense of surgeon after 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.

  • Electrical shock accidents resulting in vision loss.

TOXIC EXPOSURE

Industrial & Mass Exposure Matters

  • Industrial chlorine exposure matters involving ocular irritation, corneal injury, and chemical exposure analysis.

  • Mass toxic exposure litigation involving anhydrous ammonia and claimed ocular surface injury involving a railroad tank car.

GOVERMENT & REGULATORY

Public Sector Consulting

  • Consultant to the U.S. Department of Justice on alleged Medicare and other insurance fraud involving ophthalmology.