Plaintiffs’ Sixth Amended Expert Designation Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORTH WORTH DIVISION

MICHAEL LE and DUNG LE § 

Plaintiffs, §

§

v. § CIVIL ACTION NO.

§ 4:22-CV-00147-O

UNITED STATES OF AMERICA §

Defendant. §

PLAINTIFFS’ SIXTH AMENDED DESIGNATION OF EXPERTS

TO: United States of America by and through its attorneys of record Dawn Theiss and Sarah

Delaney, 1100 Commerce Street, 3rd Floor, Dallas, Texas 75242.

Plaintiffs make these expert disclosures as required by Federal Rule of Civil Procedure 

26(a)(2).

A. Identity of Experts

Plaintiffs may use the following persons at trial to present evidence under Federal Rule of 

Evidence 702, 703, or 705:

Mike C. Andrews, Ph.D.

Cars, Inc.

P.O. Box 136055

Fort Worth, Texas 76136-6055

Hugh McPherson, M.D.

Spinal Injury Experts

145 Inverness Drive East, Suite 200

Englewood, CO 80112

Jason Marchetti, M.D.

Physician Life Care Planning

12707 Silicon Drive, Suite 150

San Antonio, Texas 78249

Billy Hammons

Interior Concepts, Inc.

9469 Arvin Hill Road

Aubrey, Texas 76227

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Plaintiffs’ Sixth Amended Expert Designation Page 2

Jack Leifer, Ph.D., P.E.

1136 E. Quincy Street

San Antonio, Texas 78212

David DeLonga, MD, PhD, PE

3416 Gulf Breeze Parkway

Gulf Breeze, Florida 32563

Matthew Berchuck, M.D.

Physicians, staff, employees and custodian of records

515 East 72nd Street, #36 B 

New York, New York 10021

B. Information from Retained Experts

The following persons are those whom Plaintiffs have retained to provide expert 

testimony:

Mike C. Andrews, Ph.D.

Cars, Inc.

P.O. Box 136055

Fort Worth, Texas 76136-6055

817 578 3777

Please see Dr. Andrews’ preliminary report dated April 20, 2020 which contains a complete 

statement of all opinions and the basis for them FRCP26(a)(2)(B)(i).

Please also see Dr. Andrews’ preliminary report to identify the facts or data considered by the 

expert in forming the opinion FRCP26(a)(2)(B)(ii). 

Plaintiffs will supplement an animation of the motor vehicle collision which will summarize or 

support the opinion of Dr. Andrews. FRCP26(a)(2)(B)(iii).

Please see the attached curriculum vita evincing Dr. Andrews’ qualifications including if 

applicable a list of all publications authored in the previous 10 years FRCP26(a)(2)(B)(iv).

Please see, if applicable, a list of all other cases during the previous 4 years Dr. Andrews has 

testified as an expert at trial or by deposition FRCP26(a)(2)(B)(v).

Dr. Andrews is compensated at a rate of $325 per hour research / $375 per hour testimony 

FRCP26(a)(2)(B)(vi).

Hugh McPherson, M.D.

Spinal Injury Experts, LLC

145 Inverness Drive East, Suite 200

Englewood, CO 80112

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Please see Dr. McPherson’s report dated January 2, 2023 which contains a complete statement of 

all opinions and the basis for them FRCP26(a)(2)(B)(i).

Please see Dr. McPherson’s corrected report where he corrects a typographical error in paragraph 

3, question 5.

Please also see Dr. McPherson’s report to identify the facts or data considered by the expert in 

forming the opinion FRCP26(a)(2)(B)(ii). 

Plaintiffs may supplement any exhibits that will be used to summarize or support the opinion 

FRCP26(a)(2)(B)(iii).

Please see the attached curriculum vita evincing Dr. McPherson’s qualifications including if 

applicable a list of all publications authored in the previous 10 years FRCP26(a)(2)(B)(iv).

Please see, if applicable, a list of all other cases during the previous 4 years Dr. McPherson has 

testified as an expert at trial or by deposition FRCP26(a)(2)(B)(v).

Dr. McPherson is compensated at a rate of $975 per hour. FRCP26(a)(2)(B)(vi).

Jason Marchetti, M.D.

Physician Life Care Planning

12707 Silicon Drive, Suite 150

San Antonio, Texas 78249

210 501 0995

Please see Dr. Marchetti’s report dated December 14, 2022 and his supplemental report dated

February 24, 2023 which contains a complete statement of all opinions and the basis for them 

FRCP26(a)(2)(B)(i).

Please also see Dr. Marchetti’s report to identify the facts or data considered by the expert in 

forming the opinion FRCP26(a)(2)(B)(ii).

Plaintiffs may supplement any exhibits that will be used to summarize or support the opinion 

FRCP26(a)(2)(B)(iii).

Please see the attached curriculum vita evincing Dr. Marchetti’s qualifications including if 

applicable a list of all publications authored in the previous 10 years FRCP26(a)(2)(B)(iv).

Please see, if applicable, a list of all other cases during the previous 4 years Dr. Marchetti has 

testified as an expert at trial or by deposition FRCP26(a)(2)(B)(v).

Dr. Marchetti’s is compensated at a rate of $650 per hour. Dr. Marchetti was compensated 

$14,750 to research and author the Catastrophic Life Care Plan. FRCP26(a)(2)(B)(vi).

Billy Hammons

Interior Concepts, Inc.

9469 Arvin Hill Road

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Plaintiffs’ Sixth Amended Expert Designation Page 4

Aubrey, Texas 76227

Please see Mr. Hammons’ report dated January 1, 2023 which contains a complete statement of 

all opinions and the basis for them FRCP26(a)(2)(B)(i).

Please also see Mr. Mr. Hammons’ report to identify the facts or data considered by the expert in 

forming the opinion FRCP26(a)(2)(B)(ii).

Plaintiffs may supplement any exhibits that will be used to summarize or support the opinion 

FRCP26(a)(2)(B)(iii).

Mr. Hammons does not maintain a curriculum vita. Mr. Hammons has not authored any 

publications in the previous 10 years. Mr. Hammons has served as a general contractor and 

home builder in North Texas since 1989. General information about Mr. Hammons and his 

professional experience as a home builder and general contractor may be found at 

https://elegancebyici.com FRCP26(a)(2)(B)(iv).

Mr. Hammons has not testified as an expert at trial or by deposition in the previous 4 years 

FRCP26(a)(2)(B)(v).

Mr. Hammons is compensated at a rate of $75 per hour research / $150 per hour testimony 

FRCP26(a)(2)(B)(vi).

D. Information from Rebuttal Experts

Jack Leifer, Ph.D., P.E.

1136 E. Quincy Street

San Antonio, Texas 78212

Please see Dr. Leifer’s report dated March 9, 2023 which contains a complete statement of all 

opinions and the basis for them FRCP26(a)(2)(B)(i).

Please also see Dr. Leifer’s report to identify the facts or data considered by the expert in 

forming the opinion FRCP26(a)(2)(B)(ii).

Plaintiffs may supplement any exhibits that will be used to summarize or support the opinion 

FRCP26(a)(2)(B)(iii).

Please see the attached curriculum vita evincing Dr. Leifer’s qualifications including if 

applicable a list of all publications authored in the previous 10 years FRCP26(a)(2)(B)(iv).

Please see, if applicable, a list of all other cases during the previous 4 years Dr. Leifer has 

testified as an expert at trial or by deposition FRCP26(a)(2)(B)(v).

Dr. Leifer is compensated at a rate of $275 per hour. FRCP26(a)(2)(B)(vi).

David DeLonga, MD, PhD, PE

3416 Gulf Breeze Parkway

Gulf Breeze, Florida 32563

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Please see Dr. DeLonga’s report dated March 9, 2023 which contains a complete statement of all 

opinions and the basis for them FRCP26(a)(2)(B)(i).

Please also see Dr. DeLonga’s report to identify the facts or data considered by the expert in 

forming the opinion FRCP26(a)(2)(B)(ii).

Plaintiffs may supplement any exhibits that will be used to summarize or support the opinion 

FRCP26(a)(2)(B)(iii).

Please see the attached curriculum vita evincing Dr. DeLonga’s qualifications including if 

applicable a list of all publications authored in the previous 10 years FRCP26(a)(2)(B)(iv).

Please see, if applicable, a list of all other cases during the previous 4 years Dr. DeLonga has 

testified as an expert at trial or by deposition FRCP26(a)(2)(B)(v).

Dr. DeLonga is compensated at a rate of $1,250 per hour. 

Hugh McPherson, M.D.

Spinal Injury Experts, LLC

145 Inverness Drive East, Suite 200

Englewood, CO 80112

Please see Dr. McPherson’s rebuttal report dated March 9, 2023, and supporting exhibits, which 

contain a complete statement of all opinions and the basis for them FRCP26(a)(2)(B)(i).

Please also see Dr. McPherson’s report to identify the facts or data considered by the expert in 

forming the opinion FRCP26(a)(2)(B)(ii). 

Plaintiffs may supplement any exhibits that will be used to summarize or support the opinion 

FRCP26(a)(2)(B)(iii).

Please see the attached curriculum vita evincing Dr. McPherson’s qualifications including if 

applicable a list of all publications authored in the previous 10 years FRCP26(a)(2)(B)(iv).

Please see, if applicable, a list of all other cases during the previous 4 years Dr. McPherson has 

testified as an expert at trial or by deposition FRCP26(a)(2)(B)(v).

Dr. McPherson is compensated at a rate of $975 per hour. FRCP26(a)(2)(B)(vi).

Mike C. Andrews, Ph.D.

Cars, Inc.

P.O. Box 136055

Fort Worth, Texas 76136-6055

817 578 3777

Please see Dr. Andrews’ rebuttal report dated March 9, 2023 which contains a complete 

statement of all opinions and the basis for them FRCP26(a)(2)(B)(i).

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Please also see Dr. Andrews’ rebuttal report to identify the facts or data considered by the expert 

in forming the opinion FRCP26(a)(2)(B)(ii). 

Plaintiffs are providing two animations of the motor vehicle collision which will summarize or 

support the opinion of Dr. Andrews. FRCP26(a)(2)(B)(iii) as cited in his rebuttal report dated 

March 9, 2023. The animations may be viewed in the dropbox link below:

https://www.dropbox.com/sh/idl5paa11ea8ab8/AACNAaYfMFPyk9I18pTXfZp2a?dl=0

If you have trouble viewing the two animations, please contact the undersigned directly and we 

will email them directly to you.

Please see the attached curriculum vita evincing Dr. Andrews’ qualifications including if 

applicable a list of all publications authored in the previous 10 years FRCP26(a)(2)(B)(iv).

Please see, if applicable, a list of all other cases during the previous 4 years Dr. Andrews has 

testified as an expert at trial or by deposition FRCP26(a)(2)(B)(v).

Dr. Andrews is compensated at a rate of $325 per hour research / $375 per hour testimony 

FRCP26(a)(2)(B)(vi).

D. Information from Non-Retained Experts

The following persons are those who are not required to provide a written report:

Matthew Berchuck, M.D.

515 East 72nd Street, #36 B 

New York, New York 10021

Supplemental Designation

Matthew Berchuck, MD is a board-certified orthopedic surgeon who provided medical care and 

treatment to Mr. Le.

Dr. Berchuck is expected to testify to the entirety of Mr. Le’s medical treatment under his care.

Dr. Berchuck has been designated as a responsible third party. The Defendant alleges that Dr. 

Berchuck’s treatment of Mr. Le was below the standard of care and that Dr. Berchuck committed 

medical negligence causing Mr. Le to be permanently disabled.

Dr. Berchuck will testify that his care and treatment of Mr. Le was within the standard of care 

and that he was not medically negligent and did not commit medical malpractice. Dr. Berchuck 

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will testify that Mr. Le’s preexisting condition coupled with the chalk stick fracture of his C6 

vertebrae created an emergency medical condition. Dr. Berchuck will testify that he exceeded 

the standard of care however due to Mr. Le’s perilous and pre existing condition, the outcome of 

Mr. Le’s care, whether in surgery or post surgery, could not be guaranteed. Dr. Berchuck will 

testify that the event which instigated Mr. Le’s damages was the motor vehicle collision of May 

4, 2018. Dr. Berchuck will testify that the same collision aggravated and exacerbated Mr. Le’s 

preexisting conditions with regards to his ankylosing spondylitis and kyphosis. Dr. Berchuck 

will testify to his knowledge and experience in treating patients with of ankylosing spondylitis 

and the complications, risks and predictable prognoses associated with the same. Dr. Berchuck 

will also testify to his knowledge of studies in patients with ankylosing spondylitis the risks, 

complications and outcome of the same.

Respectfully submitted,

C. KYLE PUGH, P.C.

/s/ C. Kyle Pugh

C. Kyle Pugh

State Bar No. 00789790

Kellie L. McKee

State Bar No. 24075612

4015 Main Street

Suite 100

Dallas, Texas 75226

214-522-4500 telephone

214-528-7755 facsimile

kyle@kylepugh.com

kellie@kylepugh.com

John E. Schulman

State Bar No. 17833500

Margaret K. Schulman, Esq.

State Bar No. 17833900

Schulman Law Firm, P.C.

6400 N. Central Expressway, Ste. 210

Dallas, Texas 75206

Tel: (214)361-2580

Fax: (214)361-6580

jschulman@schulmanlaw.com

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mschulman@schlmanlaw.com

Counsel for Plaintiffs

CERTIFICATE OF SERVICE

On April 19, 2023 I electronically submitted the foregoing document with the clerk of 

court for the U.S. District Court, Northern District of Texas, using the ECF system of the court. I 

hereby certify that I have served the document on all counsel and/or pro se parties of record by a 

manner authorized by Federal Rules of Civil Procedure 5 (b)(2).

/s/ C. Kyle Pugh 

C. Kyle Pugh

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