Andrew F Calman MD PhD

Patent – Pharmaceutical, Texas:

In a Federal patent case involving one of the leading prescription drugs in ophthalmology, Dr. Calman demonstrated that the "surprising results" claimed by the Patent Holder were unsupported by their own data. The judge invalidated all claims of the patents-in-suit, resulting in generic availability of this drug.

One of the retaining partners wrote to Dr. Calman, "Thank you for your fabulous work on the case. You were the heart of our case and did a tremendous job. We are all very aware that you were the first one to debunk the [Plaintiff's] declaration, for which we are extremely grateful. It was a real pleasure working with you."

---

Patent – Device, Texas:

In a Federal ophthalmology device patent case, Dr. Calman's testimony regarding claim construction of the key patent term was helpful in obtaining a favorable ruling by the judge at a Markman hearing; after the hearing, the opposing party dropped the lawsuit.

---

Antitrust – Pharmaceutical, New York:

In a Federal multi-district antitrust case alleging that the Defendant unlawfully prolonged its monopoly on a prescription eyedrop, Dr. Calman's testimony was instrumental in arriving at a settlement in favor of Plaintiffs (in two tranches) for approximately $80 million.

The retaining partner remarked that "Having practiced for more than 35 years, I can confidently state that working with you as an expert was second-to-none—professional, knowledgeable, honest, clear and witty."

---

Antitrust – Pharmaceutical, Delaware:

In a Federal antitrust case involving an antibiotic medication, Dr. Calman testified that the alleged "unexpected results" of a formulation change were the result of data manipulation. The case settled for an eight-figure sum after expert reports.

---

Class Action – Pharmaceutical, Texas:

Dr. Calman documented macular injury and vision loss from an improperly compounded drug injected into the eyes of 60 patients at cataract surgery. The case settled for $20 million after expert depositions.

---

Medical Malpractice – Defense, Hawaii:

Plaintiff alleged that defendant physicians improperly diagnosed and treated his eye conditions, resulting in vision loss and pain. After Dr. Calman's deposition testimony, the judge granted Summary Judgment in favor of the defense.

---

Medical Malpractice – Plaintiff, Oklahoma:

The case involved a retinal detachment caused by failure to properly deploy and stabilize an instrument during cataract surgery. After Dr. Calman's testimony, including a live demonstration to the jury, the Plaintiff was awarded approximately ten times the proposed settlement amount.

---

Medical Malpractice – Defense, West Virginia:

A prisoner alleged that he lost vision due to delayed diagnosis and treatment while incarcerated. Dr. Calman testified that the defendant optometrist met the standard of care, and that earlier intervention would not have prevented vision loss. No damages were awarded.

---

Accident – Plaintiff, Nevada:

A ranch worker sustained severe head and eye trauma while driving his employer's truck. Dr. Calman used key references from the medical literature, including a British World War II survey of head injuries published in the 1950's, to establish causation, resulting in a substantial settlement after expert depositions.

---

Accident – Defense, California:

A tech entrepreneur alleged sizable financial damages due to double vision allegedly caused by an automobile accident. Dr. Calman's testimony convinced the jury that the double vision had no relation to the accident, but was caused by an underlying medical condition. The jury awarded no damages for the alleged ophthalmic injury.

The supervising attorney commented that "Dr. Calman's knowledge, demeanor, and presentation captivated the jury and they were riveted on his testimony throughout both his direct and cross-examination … throughout cross-examination, although plaintiff's counsel tried, Dr. Calman remained cool and focused and with his subject matter expertise, turned plaintiff counsel's tactics against him, which was very evident to the jury."

---

Accident – Defense, California:

An individual alleged Traumatic Brain Injury and vision changes after a low-speed bus collision. Dr. Calman, in his thorough review of the medical records, uncovered three other motor vehicle accidents, and was able to testify convincingly that one of these accidents, and not the accident in suit, was the cause of the plaintiff's injury.

The retaining trial attorney commented after Dr. Calman's trial testimony: "Draw a chalk line around the witness box – you killed it!"

---

Professional Licensure – Defense, California:

In testimony before the California Board of Optometry, Dr. Calman convinced the Administrative Law Judge that the defendant optometrist had met the standard of care with regard to a patient whom he examined, who subsequently developed a retinal detachment. The defendant was permitted to keep his professional license without punitive action.

---

Employment Discrimination, Alaska:

An experienced oil driller was hired to manage a $500 million oil rig, then was terminated after the employer learned that he had lost one eye to a childhood accident. Dr. Calman's testimony, on behalf of the Plaintiff and the Intervenor U.S. Equal Employment Opportunity Commission, established that the Plaintiff was capable of performing the assigned job duties and had been unlawfully terminated. The jury awarded Plaintiff substantial monetary damages.