Edward Grace, Pharm.D., BCIDP, AAHIVP, FIDSA

Dr. Edward Grace, Pharm.D., BCIDP, AAHIVP, FIDSA

6650 School Branch Drive
Brownsburg, IN 46112
Mobile: 864-451-4250
Office: 864-451-4250
Introduction

Dr. Edward Grace is a clinical pharmacist with 20-years of practice and expert-witness experience. He has a long track history of serving as an expert witness for medical, pharmacy, and pharmacology related malpractice cases. Dr. Grace is a professor of medicine and pharmacy while continuing to practice in a clinical setting. He is board certified in infectious diseases, HIV, and a fellow of the Infectious Diseases Society of America. Despite his expertise in infectious diseases, Dr. Grace is available for most cases related to pharmacy and pharmacology.


Pharmaceutical Care Standards (nursing homes/long-term care, acute care, hospice, home health); Geriatric Drug Therapy Management (Alzheimer’s, Parkinson’s, psychoactive medications, psychotropic drug reactions, polypharmacy); Clinical Pharmacy Services (drug information services, patient assessment & counseling); Drug Safety/Misadventure (interactions, adverse reactions, med errors, death/overdose, product liability); Pharmacology (causal relationship between drug exposure and subsequent effects, pharmacoepidemiology, pharmacokinetics); Pharmacy Operations 3rd-party payment, managed care, controlled substances/narcotics, drug distribution systems, pharmacoeconomics)

Education:

Doctor of Pharmacy (Pharm.D.) University of Florida
Primary Care/Infectious Diseases Residency

Certifications:

Fellow, Infectious Diseases Society of America
HIV Pharmacist, American Academy of HIV Medicine
Board Certified Infectious Diseases Pharmacist, Board of Pharmacy Specialties
Certification, Clinical Core Research Training

Services:

Plaintiff & Defense. Document review (e.g. medical records, medication profiles, etc.); patient interview & assessment; facility inspection; written report; deposition or testimony if necessary.


Areas of Expertise
  • Infectious Disease
  • Medical Malpractice
  • Medical Toxicology
  • Neuropharmacology
  • Nuclear Medicine
  • Nursing Homes
  • Pharmacology
  • Psychopharmacology
  • Vaccine
  • Wrongful Death

Expert Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Pharmacy Doctor (Pharm.D.) with post-graduate training (residency) in primary care and infectious diseases. Board certified infectious diseases pharmacist (BCIDP), and Board certified HIV Pharmacist (AAHIVP). Professor of Pharmacy and medicine and expert witness for 15+ years. Among <1% of physicians and pharmacists with the title of Fellow of the Infectious Diseases Society of America (FIDSA). Also certified in Medical Research
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Fellow of the Infectious Diseases Society of America
Prior Chair of HIV Division of American College of Clinical Pharmacists
Member of the American Society of Hospital Pharmacists
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: I am an associate professor of pharmacy and medicine with 10-years experience in teaching both pharmacy and medical students.

I have presented and chaired multiple continuing educational sessions for national and international conferences including pharmacy, medical and nursing society conferences for over 15 years.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No, I have a clean record and license
Q: On how many occasions have you been retained as an expert?
A: over 50 cases
Q: For what area(s) of expertise have you been retained as an expert?
A: Various areas including pharmacy practice, pharmacology, pharmacokinetics, pharmacogenomics and medicine.
Q: In what percentage of your cases were you retained by the plaintiff?
A: >80% retained by Plaintiff
Q: In what percentage of your cases were you retained by the defendant?
A: <20%
Q: On how many occasions have you had your deposition taken?
A: Numerous (over 50% of cases)
Q: When was the last time you had your deposition taken?
A: in past 3 moths
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Some occasions (approx 10-15 cases)
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Some cases (5-8 cases)
Q: For how many years have you worked with the legal industry as an expert?
A: 17
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: consulting, reviewing medical records, and expert opinion based on medical record review including review of latest evidence from clinical trials and other cutting edge evidence sources
Q: What is your hourly rate to consult with an attorney?
A: 450 per hour - refer to contract below for details
Q: What is your hourly rate to review documents?
A: 450 per hour with a minimum of 8 hours - refer to contract below for details
Q: What is your hourly rate to provide deposition testimony?
A: 550 per hour plus expenses - refer to contract below for details
Q: What is your hourly rate to provide testimony at trial?
A: 650 per hour plus expenses - refer to contract below for details
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: CONTRACT DETAILS

1.1 Expert will commence work for a Client upon receipt of a retainer.
1.2 Expert agrees not to work for any other person or party involved in this case or matters relating to this
case for one week after being retained via a verbal agreement, and upon acceptance of the retainer set forth
below. Should the one-week lapse without receipt of a retainer, the Expert is free to accept work for any
other party.
2. SERVICES
2.1 The Expert agrees to perform expert witness services as requested by the Client and in connection with
such services agrees to perform such investigation, document review, studies and research so as to be able
to consult with Client and/or advise Client as an expert witness with respect to Expert's findings. Expert
agrees to verbally report his facts, conclusions and findings to Client and, if desired by Client, the Expert
will prepare a written report to be delivered to Client given fees for such a report are delivered to the Expert
prior to providing such a document to the client. The Expert agrees to assist in trial preparations from his
local residence or place of business.
2.2 The Expert also agrees to assist in on-site trial preparation and to testify (depositions and in trial) as an
expert witness in those areas in which he is qualified.
2.3 The client agrees to provide the Expert with all medical records related to the case including imaging
reports, investigation reports, witness statements, depositions, and other case information as soon as it is
available to the client and prior to the Expert’s evaluation of the subject to be evaluated. All relevant
information including the before-mentioned documents shall be furnished to the Expert at least 14-days
prior to rendering a verbal or written expert opinion or testimony in a deposition or trial.
2.4 The full scope of Expert's work will be determined as the matter proceeds and will be subject to the
needs and requests of Client. Expert and Client agree that the Expert will be performing services to this
Agreement as an Independent Contractor.
3. CONFIDENTIALITY
3.1 The Expert agrees to retain all non-public information obtained from Client as confidential and agrees
not to release or discuss any of such information unless the Expert has obtained the prior written consent
of the Client or is otherwise forced, compelled, or required to disclose this information by operation of law
or applicable government authority.
4. COMPENSATION
4.1 A rush fee will be applied to the initial work on the file when it must be completed within 3-weeks of
the Expert being retained by the client. Timing of a rush fee is calculated based on receipt of complete
records, retainers, and signed agreement to the Expert’s address. A rush fee may also be applied when the
client requests work/services within a 7-day time period or deadline. A rush fee of $1500 in addition to the
standard hourly rate for the given service and retainer will be required prior to services being rendered. The
rush feel will be applied at a rate of $150 per hour in addition to the standard hourly rate (maximum rush
fee of $1500 in addition to the standard hourly rate). If the rush service is completed in less than 10-hours,
the balance of the rush fee will be returned to the client or applied as credit to future services on the same
case.
4.2 A retainer of $4500 is charged for each case. $2500 of the retainer is a non-refundable minimum fee
charged. Billings for services performed or expenses incurred will be charged against the retainer until such
time as it is exhausted.
4.2.1Permission to use Expert's name or in any way indicate that he is an expert witness or Expert for
Client's side of the case, either informally or formally with other parties, is not granted until the retainer has
been paid.
4.3 Expert will bill the Client in a minimum of 15-minute increments for all services rendered unless
explicitly stated otherwise in this contract/agreement. The hourly service rate for various services are as
follows and are in addition to any rush fees:
4.3.1 The Expert hourly fee is $450 per hour for services rendered outside of depositions or testimony. This
rate of $450 applies to all services outlined in section 2.1 with the exception of preparing a written report
(as outlined in 4.2.2)
4.3.2. At the request of the client, the Expert may prepare a written document including case summary,
expert opinion, or any other written documents at the hourly rate of $450 per hour including research,
typing, and proof reading time.
4.3.3. Travel time at $200 per hour beginning from the time of departure from the Expert’s residency or
place of business and until arrival at the agreed upon meeting location, attorney office, hotel, or court.
4.3.4 Testimony at deposition at $550 per hour. This rate applies to office waiting time as well as actual
time testifying. The client will be responsible for pre-paying for services rendered during a deposition in
the amount of $3300 at least 5-business days prior to the scheduled deposition. If the cost of services is less
than $3300, the balance of the $3300 can either be refunded to the client or applied towards future services
on the same case. If the cost of the deposition is greater than the pre-paid $3300, the client will be
responsible for paying the remainder of the balance to the Expert within 3-business days of the testimony.
4.3.5 Testimony at court (during or prior to trial) at $650 per hour. This rate applied to court waiting time
as well as the actual time testifying. The client will be responsible for pre-paying for services rendered
during trial in the amount of $3900 at least 5-business days prior to the scheduled date of testimony by the
Expert. If cost of services rendered are less than $3900 pre-paid amount, the balance can either be refunded
to the client or applied towards future services on the same case. If the cost of the testimony is greater than
the pre-paid $3900, the client will be responsible for paying the remainder of the balance to the Expert
within 3-business days of the testimony
4.3.6 In the event a deposition is cancelled or rescheduled for any given reason, the client is responsible for
notifying the Expert as soon as possible. If the notice of cancellation or rescheduling occurs 3-business days
in advance of the original scheduled date, the client will be entitled to $1650 refund of the original $3300
prepaid amount minus any expenses accrued by the Expert in preparation for the deposition. If the Expert
is not notified within 3-business days of the cancelled or rescheduled deposition, the client is not entitled
to a refund of the prepaid amount unless decided otherwise at the Expert’s discretion.
4.3.7 In the event a trial is cancelled (due to a settlement) or rescheduled for any given reason, the client is
responsible for notifying the Expert as soon as possible. If the notice of cancellation or rescheduling occurs
3-business days in advance of the original scheduled date, the client will be entitled to $1950 refund of the
original $3900 prepaid amount minus any expenses accrued by the Expert in preparation for the deposition.
If the Expert is not notified within 3-business days of the cancelled or rescheduled deposition, the client is
not entitled to a refund of the prepaid amount unless decided otherwise at the Expert’s discretion.
4.3.8 All other work including research, report preparation and telephone calls will be billed at $450 per
hour.
4.3.9 Each full day away from the local area on assignment is billed on the basis of an eight-hour day.
Where more than eight hours work or travel is performed in one day, the actual time is billed. Day of
departure and day of return are prorated.
4.3.10Written reports and any testimony during a deposition or trial will only be conducted if the client has
paid the Expert all fees and expenses for services rendered prior to the date of written report release,
deposition testimony, or trial testimony.
4.4 Fees and rates, once established for a job, will not be increased for that job even though fees or rates
may increase for new jobs for a period of one year. Twelve months after being retained, fees may be raised
to those currently charged other Clients at that time but shall not exceed a 10% increase per year.
5. EXPENSES
5.1 Travel and miscellaneous expenses, including long distance calls, are charged at cost plus ten percent.
Travel by car is at the rate of ONE dollar ($1) per mile.
5.2 Travel will be performed by the fastest and direct (or most direct) flights with the client's time
constraints except that first-class air travel accommodations will be used for all flights of more than four
hours duration including cumulative time where connecting flights are required.
5.3 Client may avoid the 10% surcharge on expenses by furnishing travel and lodging which is billed
directly to Client by the carrier or hotel.
5.4 Client will reimburse Expert for all other reasonable out-of-pocket expenses, but Expert shall strive to
seek Client’s permission before incurring any expense in excess of $100.00.
Under no circumstance will the Expert bear responsibility to reimburse the client for non-refundable
expenses.
6. BILLINGS
6.1 Expert will tender invoices at the end of each month. Payment is due within 10-days of the invoice
date. Late charges at the rate of 1.5% per month will be added to bills not paid within that time.
6.2 The payment of all fees and expenses is the responsibility of the Client notwithstanding Client's
relationship with third parties, contingency arrangements, subrogation, etc. As a convenience, Expert may
agree to prepare separate billing for an attorney taking Expert's discovery deposition, but the responsibility
for payment remains that of the Client. Failure to include a chargeable item in one billing shall not constitute
a waiver of the right to assess the charges in a subsequent billing.
6.3 Requests for corrections must be submitted in writing within 15 days after date of billing in question.
7. TERMINATION
7.1 Client may terminate this Agreement upon 15 days written notice for any reason. Upon termination of
Expert’s services by Client, Client shall immediately pay all fees and expenses incurred by Expert.
7.2 Expert may terminate this Agreement upon fifteen (15) days written notice if payments are not made
within 60 days of the date billing is mailed. This does not relieve Client in any way from payment for
services rendered or expenses incurred.
8. DISPUTES
8.1 The parties agree that the exclusive venue for any action arising out of this Agreement shall be in Allen
County, Indiana. In any such action the parties waive trial by jury.
8.2 Before filing any action against Expert, Client must first provide Expert with written notice of the nature
of Client’s claim and wait at least thirty days from the date notice was sent.
8.3 In the event that either party is required to retain the services of an attorney to enforce the provisions of
this Agreement, then in such case the Client agrees to pay reasonable attorney's fees and all costs and
expenses incurred by Expert including collection costs, provided that Expert is the prevailing party in said
matter either by settlement, litigation or otherwise.
TRANSPERANCY
9.1 In the event the client’s opposition council introduces the Daubert Challenge, the Expert should be
notified within 2-business days. In the event of a Daubert Challenge, the client is responsible for
compensating the Expert for the time spent during such hearings at a rate of $650 per hour. Related travel
and lodging expenses will be paid by the client to the Expert as outlined under the Expenses section of this
agreement.
9.2 In the event of a settlement, the client is responsible for notifying the Expert in writing that a settlement
has been reached and the client is required to notify the Expert of final disposition of the case.
9.3 In the event the client breaches any ethical, legal, or otherwise applicable laws related to the case or
practice of law, the Expert retains the right to immediately withdraw his services without penalty or
advanced warning and/or notification. The Expert is required to inform the client of the withdrawal of
services within business day of such a decision either in writing or verbally.
9.4 The client agrees to informing the Expert and obtaining his advanced approval of any and all
interrogatories directed towards the Expert during any point prior to or during trial.
Page | 5
9.5 The Expert is not obligated in any way nor has the duty to work for or with a successor law firm given
this contract.
10. GOVERNING LAW
10.1 This Agreement shall be governed by the laws of Indiana.
11. INVALIDITY
11.1 A determination by a Court that any provision of this Agreement is invalid shall not invalidate the
entire Agreement. If any such provision is declared unenforceable or invalid due to its scope or breadth,
such provision shall be deemed valid to the extent of the scope or breadth permitted by law.
12. INTERPRETATION
12.1 Should any provision of this Agreement require judicial interpretation, the Court Shall not apply a
presumption that the term shall be more strictly construed against one party or the other by reason of the
rule of construction that a document is to be construed more strictly against the party who prepared the it.
13. ENTIRE AGREEMENT / MODIFICATION
13.1 This Agreement contains all the representations by each party to the others and expresses the entire
understanding between the parties with respect to the matters at issue. The parties agree that all prior
communications are merged into this Agreement, and that there are no terms or conditions other than those
set forth herein. No statement or promise of a party shall be binding unless reduced to writing and signed
by that party. No modifications of this Agreement shall be binding unless they are in writing and signed
by all parties.

References

Available Upon Request