Expert Details
Food & Drug Administration Rules, Policies, Procedures for Medical Devices and Pharmaceuticals
ID: 729566
Illinois, USA
Expert taught food and drug law as an adjunct professor of law. He also served as the chair for the Chicago Bar Association FDA Law Committee. He has authored a chapter in an expert treatise, and has been requested and provided training to industry and academia.
For more than ten years he has provided litigation support services as a consultant and expert for plaintiff and defense clients. Cases have revolved around compliance with FDA requirements in pre-market development, testing, approval, manufacturing, use, and and post-approval reporting for medical devices and pharmaceuticals. Cases have included fraud and misrepresentation, personal injury, breach of contract, product liability, medical malpractice, libel, and Qui tam actions. Expert has also provided regulatory compliance consulting to industry including corrective action plan design and implementation.
Expert is currently serving as a compliance expert for the plaintiff in a libel suit. The defendants (corporate and individuals) published a series of newspaper articles of manufacturing and distributing unsafe pharmaceutical products. To date he has reviewed and evaluated production request (discovery) documents as well as FDA records he located on the FDA web site to evaluate the plaintiff's compliance with FDA law and regulations. Expert is currently serving as a compliance expert for the plaintiff in a fraud misrepresentation suit. He located, reviewed and evaluated FDA records relevant to defendant medical device manufacturer's compliance with FDA law and regulations relevant to the manufacturer's financial interest disclosure of clinical investigators. He wrote an expert opinion and was deposed. Expert served as a compliance expert for the relators in a Qui tam action. He reviewed and evaluated production request records as well as records he located on the FDA web site. He wrote an opinion letter on the state of compliance for the defendant medical device manufacturer, which was published to the United States Attorney. Expert was the litigation consultant for the plaintiff/defendant (cross complaints) in a breach of contract case. He inspected a pharmaceutical manufacturing and testing facility, conducted a GLP (Good Laboratory Practices) inspection, reviewed and evaluated bioavailability and bioequivalence testing programs, and reviewed and evaluated numerous ANDA (Abbreviated New Drug Application) approvals. Expert was the litigation consultant for the relator in a Qui tam action. He reviewed and evaluated clinical trial documents for evidence of violations of FDA law and regulations. He advised the attorney significance of violations as well as probable FDA response.
Education
Year | Degree | Subject | Institution |
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Year: 1992 | Degree: J.D. | Subject: Law | Institution: The John Marshall Law School, Chicago, Illinois |
Year: 1983 | Degree: M.S. | Subject: Biology | Institution: The Universityh of Texas at El Paso, El Paso, Texas |
Work History
Years | Employer | Title | Department |
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Years: 1999 to Present | Employer: Undisclosed | Title: Consultant/Expert | Department: |
Responsibilities:Expert performed inspections, reviewed and evaluated evidence, wrote expert opinions, and provided deposition. Using his extensive experience in on line research of FDA data bases he located and evaluated FDA documents as relevant to litigation support projects. |
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Years | Employer | Title | Department |
Years: 1997 to 2010 | Employer: James P. Walters, Attorney at Law | Title: Attorney | Department: |
Responsibilities:He counseled clients in FDA requirements for marketing drugs and devices regulated by the Food and Drug Administration. Expert represented clients to FDA officials and the United States Attorney in civil and criminal actions. And he negotiated consent decrees with the government, and negotiated immunity and non-target letters for grand jury witnesses. |
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Years | Employer | Title | Department |
Years: 1999 to 2003 | Employer: The John Marshall Law School | Title: Adjunct Professor of Law | Department: |
Responsibilities:Expert taught food and drug law to law students. |
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Years | Employer | Title | Department |
Years: 1983 to 1997 | Employer: U.S. Food & Drug Administration | Title: Investigator/Supervisory Investigator/Compliance Officer | Department: Investigations/Management/Compliance |
Responsibilities:Conducted inspections and special investigations of regulated parties. Supervised investigators. Evaluated evidence, drafted complaints, made referrals to the United States Attorney, and assisted United States Attorney in prosecution of civil and criminal actions. |
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Years | Employer | Title | Department |
Years: 1981 to 1983 | Employer: The University of Texas at El Paso | Title: Teaching Assistant | Department: Biology |
Responsibilities:Expert taught freshman biology labs and senior level classes in statistical analysis of biological phenomena. |
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Years | Employer | Title | Department |
Years: 1979 to 1981 | Employer: The University of Texas at El Paso | Title: Research Assistant | Department: Biology |
Responsibilities:Expert collected field specimens, designed and carried out laboratory experiments, analyzed data, and wrote scientific reports. Results were included in an environmental impact statement relevant to planned developments at White Sands National Monument, New Mexico. |
Government Experience
Years | Agency | Role | Description |
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Years: 1983 to 1997 | Agency: U.S. Food & Drug Administration | Role: Investigator, Supervisory Investigator, Compliance Officer, and Federal Grand Jury Investigatory | Description: Expert performed inspections and special investigations of regulated industry, gathered evidence and provided fact testimony in Federal District Court. He also supervised an investigative staff consisting of drug and medical device specialist and national experts. He also served as a compliance officer, reviewing and evaluating documentary and laboratory evidence, drafting complaints, making referrals to the United States Attorney and assisting the United States Attorney in prosecuting cases. He also served a special term as a Federal Grand Jury Agent performing criminal investigations. That included subject identification, location, surveillance, search and seizure, and criminal trial support. |
International Experience
Years | Country / Region | Summary |
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Years: 1999 to 1999 | Country / Region: Maylaysia | Summary: Expert performed an on-site visit of a medical device manufacturer in Taiping. He was there as the compliance expert for the defendant medical device distributor in a breach of contract case. His duties included supervision of a medical device manufacturing expert, and identification and procurement of production request documents. Upon returning stateside, he evaluated the documents (8,000 pages), formed and wrote an opinion on the manufacturer's state of compliance with FDA law and regulations as well as the validity of the plaintiff's medical device product approvals. |
Career Accomplishments
Licenses / Certifications |
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Expert earned a Certificate of Professional Achievement in Mediation Training. He was appointed to Illinois State Bar and the Federal Bar for the Northern district of Illinois. |
Professional Appointments |
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Expert was Chair for the Chicago Bar Association Food, Drug, and Consumer Product Regulatory Law committee in 2004 and 2003. He was Adjunct Professor of Law at The John Marshall Law School, Chicago from 1999 through 2003. |
Awards / Recognition |
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Expert was awarded the Regional Directors Citation for excellence, U.S. Department of Health and Human Services in 1993. |
Publications and Patents Summary |
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Expert is the author of a chapter in an expert treatise on dug injury, and an article in the peer review journal for the Association of Clinical Research Professionals. |
Additional Experience
Expert Witness Experience |
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Expert has performed on-site inspections of manufacturing and testing facilities, reviewed and evaluated documentary evidence, provided written reports, and provided a deposition. A few cases have been in state courts (Illinois and Ohio). Cases have included product liability, personal injury, libel, breach of contract, medical malpractice, and Qui tam actions in federal and state courts. |
Training / Seminars |
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Expert has provided training to physicians, nurses, and post-graduated medical students. Venues have included The University of Chicago, Rush Medical University, and the University of Illinois Peoria. He taught food & drug law at the John Marshall Law School, Chicago. He has been a frequent invited guest speaker to professional and trade associations including the Regulatory Affairs Professional Society, The Association of Clinical Research Associates, The Chicago Bar Association, and The Drug Information Association. He is the author of a chapter in the expert treatise on drug injury. |
Fields of Expertise
510(k) document, abbreviated new drug application, clinical laboratory regulation, compliance, Current Good Manufacturing Practice, drug, drug development, drug labeling requirement, drug product approval, drug regulation, Federal Food, Drug, and Cosmetic Act, Food and Drug Administration, Food and Drug Administration compliance, FDA medical device regulation, Food and Drug Administration regulation, Good Laboratory Practice, Good Manufacturing Practice, investigational drug, investigational drug procedures, medical device auditing, medical device clinical research, medical device premarket approval, new drug application, pharmaceutical manufacturing facility auditing, pre-approval inspection, Safe Medical Devices Act of 1990, statute, food facility, 21 CFR Part 11, inspector training, compliance testing, Drug Information Association, food additive regulation, food regulatory compliance, biocompatibility testing, Food and Drug Administration validation, medical device liability, FDA food labeling regulation, Generally Recognized As Safe, in vitro diagnostics Food and Drug Administration code, Standard of Identity, Food and Drug Administration cosmetic regulation, analytical method validation, governmental registration process, Food and Drug Administration drug registration, drug stability, distribution packaging material, Food and Drug Administration drug packaging regulation, product handling system, food inspection, food industry quality management, food industry quality control, food industry quality assurance, premarket approval assessment, validation, medical product packaging process, medical device process validation, process validation, food, pharmaceutical manufacturing, food regulation, food quality assurance