Case 1:09-cv RWS Document 162 Filed 12/23/2009 Page 1 of 5. , UNITED STATES DISTRICT COURT 'i FOR THE SOUTHERN DISTRICT OF NEW YORK.

Similar documents
AlereTM. i Influenza A & B. Enter. Molecular results in less than 15 minutes

Understanding the Aging Chromosome Dance cont.

THIS IS AN OFFICIAL NH DHHS HEALTH ALERT

Case 1:09-cv RWS Document 155 Filed 12/23/2009 Page 1 of 106

Were the babies switched? The Genetics of Blood Types i

Modeling Multi Layer Feed-forward Neural. Network Model on the Influence of Hypertension. and Diabetes Mellitus on Family History of

The High way code. the guide to safer, more enjoyable drug use. (alcohol)

Research Update Spring 2011

International Journal of Emerging Technologies in Computational and Applied Sciences (IJETCAS)

VALIDATION TOOL THE SETTING OF THE COMMUNITY PHARMACY

JUNIORS SPECIAL PROGRAM:

NBER WORKING PAPER SERIES PERSONALIZED MEDICINE WHEN PHYSICIANS INDUCE DEMAND. David H. Howard Jason Hockenberry Guy David

i-base Pocket size Pocket size Hepatitis C for people with HIV

Association Analysis and Distribution of Chronic Gastritis Syndromes Based on Associated Density

INTERNATIONAL OUTREACH COMMUNITY SERVICE PROGRAM

Relevance of statistical techniques when using administrative health data: gender inequality in mortality from cardio-vascular disease

Length of Hospital Stay After Acute Myocardial Infarction in the Myocardial Infarction Triage and Intervention (MITI) Project Registry

Appendix F: The Grant Impact for SBIR Mills

JUNIORS SPECIAL PROGRAM:

HIV/AIDS-related Expectations and Risky Sexual Behavior in Malawi

DECREASING SYMPTOMS IN INTERSTITIAL CYSTITIS PATIENTS: PENTOSAN POLYSULFATE VS. SACRAL NEUROMODULATION. A Research Project by. Katy D.

Lateral Transfer Data Report. Principal Investigator: Andrea Baptiste, MA, OT, CIE Co-Investigator: Kay Steadman, MA, OTR, CHSP. Executive Summary:

HIV/AIDS-related Expectations and Risky Sexual Behavior in Malawi

WASHINGTON, D.C BEFORE THE OFFICE, ASSISTANT SECRETARY OF DEFENSE (HEALTH AFFAIRS) UNITED STATES DEPARTMENT OF DEFENSE

Testing the Fetal Origins Hypothesis in a Developing Country: Evidence from the 1918 Influenza Pandemic

Intergenerational Use of and Attitudes Toward Food Labels in Louisiana

Appendix for. Institutions and Behavior: Experimental Evidence on the Effects of Democracy

The High way code. the guide to safer, more enjoyable drug use [GHB] Who developed it?

Copy Number Variation Methods and Data

Delving Beneath the Covers: Examining Children s Literature

19th SESSION OF THE SUBCOMMITTEE OF THE EXECUTIVE COMMITTEE ON WOMEN, HEALTH, AND DEVELOPMENT

The Effect of Fish Farmers Association on Technical Efficiency: An Application of Propensity Score Matching Analysis

International Journal of Business and Economic Development Vol. 3 Number 1 March 2015

Journal of Engineering Science and Technology Review 11 (2) (2018) Research Article

Evaluation of Literature-based Discovery Systems

NBER WORKING PAPER SERIES THE IMPACT OF HEALTH INSURANCE EXPANSION ON PHYSICIAN TREATMENT CHOICE: MEDICARE PART D AND PHYSICIAN PRESCRIBING

Drug Prescription Behavior and Decision Support Systems

Survival Comparisons for Breast Conserving Surgery and Mastectomy Revisited: Community Experience and the Role of Radiation Therapy

Do Animal-Assisted Activities Effectively Treat Depression? A Meta-Analysis

The impact of asthma self-management education programs on the health outcomes: A meta-analysis (systemic review) of randomized controlled trials

The High way code. the guide to safer, more enjoyable drug use. [cannabis] Who developed it?

Joint Modelling Approaches in diabetes research. Francisco Gude Clinical Epidemiology Unit, Hospital Clínico Universitario de Santiago

BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA. Respondent. ORDER GRANTING INTERIM SUSPENSION

MEMORANDUM. City Commission. Jeff Streder, Interim Finance Director. Robert DiSpirito, City Manager

A Clinician-mediated, Longitudinal Tracking System for the Follow-up of Clinical Results

INTERNATIONAL OUTREACH COMMUNITY SERVICE PROGRAM

NO MATTER WHAT YOU ARE TRAINING FOR, TRX CAN HELP YOU GET THERE

Incorrect Beliefs. Overconfidence. Types of Overconfidence. Outline. Overprecision 4/22/2015. Econ 1820: Behavioral Economics Mark Dean Spring 2015

Discussion Papers In Economics And Business

Performance Evaluation of Public Non-Profit Hospitals Using a BP Artificial Neural Network: The Case of Hubei Province in China

Offsetting Behavior in Reducing High Cholesterol: Substitution of Medication for Diet and Lifestyle Changes

National Polyp Study data: evidence for regression of adenomas

Leukemia in Polycythemia Vera. Relationship to Splenic Myeloid Metaplasia and Therapeutic Radiation Dose

Mammography and Other Screening Tests. for Breast Problems

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE VSCT ANESTHETIC PRINCIPLES

What Determines Attitude Improvements? Does Religiosity Help?

Gurprit Grover and Dulumoni Das* Department of Statistics, Faculty of Mathematical Sciences, University of Delhi, Delhi, India.

A national multidisciplinary healthcare network for treatment of hepatitis C in PWID in Slovenia

SW LRT Station Areas Quick Facts

Allergy services. Still not meeting the unmet need. Report of the Joint Royal College of Physicians and Royal College of Pathologists Working Party

Occupational Therapy Intervention to combat stress level of mothers of children with Autism

GFWC CLUB MANUAL MEMBERSHIP ADVANCEMENT GUIDE MEMBERSHIP COMMITTEE

Comparison of support vector machine based on genetic algorithm with logistic regression to diagnose obstructive sleep apnea

WOMEN S HISTORY AND RESOURCE CENTER WHRC PAST, PRESENT, AND FUTURE ADVANCEMENT GUIDE GFWC CLUB MANUAL

THE NORMAL DISTRIBUTION AND Z-SCORES COMMON CORE ALGEBRA II

Child abuse and domestic abuse: Factors in reunification

Optimizing an HIV testing program using a system dynamics model of the continuum of care

CT abdomen. with prolonged oral preparation. Information for patients Radiology

A REVIEW OF DIABETES COST OF ILLNESS STUDIES

A Meta-Analysis of the Effect of Education on Social Capital

THE NATURAL HISTORY AND THE EFFECT OF PIVMECILLINAM IN LOWER URINARY TRACT INFECTION.

COMMUNITY SERVICE PROGRAM

Are National School Lunch Program Participants More Likely to be Obese? Dealing with Identification

CT scans (Computed Tomography) Information for patients Radiology

Modeling the Survival of Retrospective Clinical Data from Prostate Cancer Patients in Komfo Anokye Teaching Hospital, Ghana

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE VSCT ANESTHETIC PRINCIPLES

LUNG CANCER SCREENING FOR WOMEN IN PRIMARY CARE LAU BYE, RN, BS. Nursing 702

HOME LIFE COMMUNITY SERVICE PROGRAM

Project title: Mathematical Models of Fish Populations in Marine Reserves

Non-parametric Survival Analysis for Breast Cancer Using nonmedical

Desperation or Desire? The Role of Risk Aversion in Marriage. Christy Spivey, Ph.D. * forthcoming, Economic Inquiry. Abstract

Partially WORKPLACE DRUG TESTING PROGRAMS: ''' ~ A REVIEW OF RESEARCH AND A SURVEY OF WORKSITES

The Impact of Private Sector Provision of Home-Based Services for Older People in Beijing

Feasibility Studies of Robot-Assisted Stroke Rehabilitation at Clinic and Home Settings Using RUPERT

Title. Author(s)Tamate, T.; Maekawa, K. CitationEurasian Journal of Forest Research, 1: Issue Date Doc URL. Type.

The High way code. the guide to safer, more enjoyable drug use [MDMA] Who developed it?

Dental Implants for your General and Implant Practice

The High way code. the guide to safer, more enjoyable drug use. (mdma)

ARTICLES. Epidemiologic Evidence Showing That Human Papillomavirus Infection Causes Most Cervical Intraepithelial Neoplasia

Association between cholesterol and cardiac parameters.

Parent/Member Handbook. A not-for-profit organization HOME OF THE CHAMPIONS WORLD-CLASS GYMNASTICS PROGRAMS

Saeed Ghanbari, Seyyed Mohammad Taghi Ayatollahi*, Najaf Zare

HYPEIIGLTCAEMIA AS A MENDELIAN P~ECESSIVE CHAI~ACTEP~ IN MICE.

Impact of Imputation of Missing Data on Estimation of Survival Rates: An Example in Breast Cancer

The High way code. the guide to safer, more enjoyable drug use. (ketamine)

A GEOGRAPHICAL AND STATISTICAL ANALYSIS OF LEUKEMIA DEATHS RELATING TO NUCLEAR POWER PLANTS. Whitney Thompson, Sarah McGinnis, Darius McDaniel,

MEDICAL CERTIFICATE ASSOCIATED WITH AN APPLICATION FOR A LICENCE TO DRIVE A HACKNEY CARRIAGE OR PRIVATE HIRE VEHICLE. Full name:... Date of Birth...

DS May 31,2012 Commissioner, Development. Services Department SPA June 7,2012

Systematic review and meta-analysis Tropical Medicine Nov, 4 th 2016

THE IMPACT OF IMPLANTABLE CARDIOVERTER- DEFIBRILLATORS ON MORTALITY AMONG PATIENTS ON THE WAITING LIST FOR HEART TRANSPLANTATION

Transcription:

Case 1:09-cv-04515-RWS Document 162 Fled 12/23/2009 Page 1 of 5 UNTED STATES DSTRCT COURT ' FOR THE SOUTHERN DSTRCT OF NEW YORK w_.. _ ASSOCATON FOR MOLECULAR PATHOLOGY; AMERCAN COLLEGE OF MEDCAL GENETCS; AMERCAN SOCETY FOR CLNCAL PATHOLOGY; COLL'EGE OF AMERCAN PATHOLOGSTS; HAlO KAZAZAN MD; ARUPA GANGULY PhD; WENDY CHUNG MD PhD; HARRY OSTRER MD; DAVD LEDBETTER PhD; STEPHEN WARREN. PhD; ELLEN MATLOFF. M.S.; ELSA RECH M.S.; BREAST CANCER ACTON; BOSTON WOMEN'S HEALTH BOOK COLLECTVE; LSBETH CERAN; RUNT LMARY; GENAE GRARD; PATRCE FORTUNE; VCKY THOMASON; KATHLEEN RAKER Plantffs : : ' No. o~ Cv. 4515 (RWS)..1 ECF Case Declaraton of Jenny L~ssman P.A.-C " -aganst- UNTED STATES PATENT AND TRADEMARK OFFCE; MYRAD GENETCS; LORRS BETZ ROGER BOYER JACK BRTTAN ARNOLD B. COMBE RAYMOND:GESTELAND JAMES U. JENSEN JOHN KENDALL MORRS THOMAS PARKS DAVD W. P:ERSHNG andmchaelk. YOUNG n ther offca1:capacty as Drectors ofthe Unversty of Utah Research Foundaton Defendants ------------------_._--------------_._-----~------------------ 1 Jenny Lessman declare: A. General Background 1. am a Physcan's Assstant practcng n Obstetrcs and Gynecology ~~ MertCare n Detrot Lakes Mnnesota..

Case 1:09-cv-04515-RWS Document 162 Fled 12/23/2009 Page 2 of 5 2. As a Physcan's Assstant n collaboraton wth a physcan specalze n well-women care ' ' ofwomen of all ages. Ths ncludes yearly exams brth control courel'ng pre- and post- : ' '. menopausal care hormone replacement thej:apy and obstetrcal postpartum care. 3. receved my degree n physcan assstant studes from the UnversJ ofnebraska Medcal Center Omaha. have completed numerous clncal clerkshps at var:ous stes n Nebraska South Dakota and Mnnesota. B. Professonal Experence ' 4. do a great deal of well-woman exams and have the opportjdty to o~tan update and dscuss famly hstores wth patents Myrad publshes medcal soc4y gudelnes and other heredtary cancer 3;wareness nformaton whch J am able to use to detynnne fany ofmy patents based on ther personal and famly hstory of cancer warran~ ~ further dscusson : : : ' and/or testng for genetc cancers. 5. have ncorporated genetc testng n my practce snce early 2008 ncludng Myrad's " BRACAnalyss test whch tests for mutatons n the BRCA and BR~A 2 genes. have tested less than 10 patents but have dscussed the approprateness of ~enetc testng to over 50 patents. : 6. 1 see females of al ages. see several members ofthe same famly. The results from Myrad's BRACAnalyss test can help.n the decson for surgcal manhgement of an affected patent; as web as gude approprate screen~g and medcal '~lanageme*t of other unaffected and affected famly members. 7. BRACAnalyss testng for a patent s mportant when medkally necessary. A postve test result s useful n the decson for ncreased survellance and surgcal optons for : : 2

Case 1:09-cv-04515-RWS Document 162 Fled 12/23/2009 Page 3 of 5. management. A postve test also affects other famly members. A n~gatve test result can help detennne f addtonal famly members may need to be tested ornot. A negatve test ; ;' result can help deteunne fother causes of cancer need to be address~d. t wll also help < :. detennne medca~ and strrgcal management of an unaffected patent.l : " 8. Myrad has representatves that vst clncs regularly to assst provd~~sn understandng the mportance oftestng ts mpact and how to test patents. 9. Three-fourths ofmy patent's have had nsurance coverage on ther B~CAnalysstestng thus makng testng an affordable opton for them. C;:. Personal Experence 10. My mother was dagnosed wth ovaran cancer at age 56.. ; Her only ss~er was dagnosed wth termnal breast cancer 2 years later at age 55. She ded ths year. Wldn:my mother was. '. vstng her n the hosptal after her mastectomy they were walkng th halls ofthe hosptal; : :. for exercse. Theystopped at a health far. They were vstng wth a ~enetc counselor at :: her booth. The counselor asked what they were dong at the hosptal. They explaned what ' my aunt had just had done. The counselor talked to them a bt more af.d found out about my mother's ovaran qmcer. She asked them to come to her offce the ne~t day. She dd a : pedgree ofmy famly. Based on the pedgree she recomme:nded testng: (Two maternal great almts wth breast and ovaran cancer as well). My awl:t was the qrst to be tested. She was postve for a BRCA l deleton. My mother then testec and was ~ostve. am the oldest of3 daughters. was rested and am postve. As a result oftmstestng AM A PREVVOR have started havng yearly breast MRs and pelvc U;1Vasounds. am gong to have my breasts and ovares prophylactcally removed when am fub~hed havng chldren.. n the meantme fthey do fmd cancer wth ths survelancp~ am go?g' to lkely survve 3

Case 1:09-cv-04515-RWS Document 162 Fled 12/23/2009 Page 4 of 5 because t wll be paught early. Ths unfortunately won't save my a~t's lfe but am ; grateful that t wll lkely save my lfe maybe my sster's hves and my : chldren's/neccs/nephews lves. My mother had a prophy1actc mast~ctomy ths summer..: My nsurance has provded almost full coverage on MRs and u)trasotkds because ofmy. ' BRCA-l result. The opportunty whch we now have for genetc testpg defntely puts "teeth" n the mp<?rtance ofdscussng rsk for heredtary cancer. : : ' Pursuant to 28 U.~.C. 1741'6~. declare under ; penalty of perjury. that the f9regong s true and correct.. : Executed on Decembe 16 2009 4

Case 1:09-cv-04515-RWS Document 162 Fled 12/23/2009 Page 5 of 5