Cases
Representative Cases: Andrew Efaw defends clients in professional liability trials
quasi criminal litigation,
he advises on the civil implications of criminal lawsuits. A former JAG officer, Andy's practice includes high-exposure professional malpractice, product liability,
premises liability cases.
Won a unanimous defense verdict in a $55 million trial in eastern Kentucky for a hospital accused of malpractice.
Won a complete defense jury verdict for a mental health hospital in Virginia. The plaintiff claimed $32 million in damages arising from an alleged patient-on-patient sexual assault. WTO was hired six weeks before trial
uncovered relevant evidence about medication the plaintiff was taking
social media detailing a fictional account of the rape published prior to the alleged event. WTO also discovered that the plaintiff's expert psychologist destroyed key records pertaining to the case.
Won a complete defense jury verdict in California for an emergency room doctor in a medical malpractice lawsuit with over $22 million at stake in damages claims. WTO was called in just 10 days prior to the three-week trial.
Defended a medical device company facing allegations that its product catastrophically injured a patient's heart.
Won an appeal argued before the Colorado Supreme Court challenging a trial court's order to submit Quality Management Privileged (QMP) materials relating to an incident at issue in a medical malpractice trial. The appellate decision is significant, as the QMP designation allows hospitals
healthcare providers to assess
innovate following critical incidents without concern that their discussions will be discovered.
Brown v. Whirlpool (N.D. Ohio 2014) - Obtained dismissal of class action allegations
15 of 17 claims against Whirlpool in an environmental toxic tort case. Plaintiffs voluntarily dismissed their remaining claims after the court's ruling.
Successfully appealed a decision by the Office of the Inspector General, Department of Health
Human Services, to impose on WTO's pro bono client, a Navy nurse
corpsman, a m
atory five-year exclusion from working in any federally funded healthcare program, which jeopardized her Navy service. WTO showed why the decision was not warranted or authorized under current statutes. The Inspector General withdrew the exclusion, dropping the case
allowing our client to return to military service.
Anderson v. Pfizer (N. Dak. 2010) - Successfully defended a pharmaceutical company against claims that a convicted murderer's actions were induced by prescription medication. The plaintiff dismissed the case after 18 months of intense litigation.
Wilson v. Wyeth (E.D. Ark. 2008) - Obtained a favorable settlement for a pharmaceutical company against claims that the plaintiff developed Stevens-Johnson Syndrome (SJS) from use of medication.
Auto Stiegler v. Mercedes-Benz USA (C.D. Cal. 2006) - Won a complete jury verdict in a franchise dispute in Los Angeles, defeating all of the plaintiff's claims
winning all six counterclaims
an award of over $7 million, including punitive damages, for Mercedes-Benz USA.
Taylor v. Solvay Pharmaceuticals (D. Colo. 2003) - Obtained voluntary dismissal of claims against Solvay Pharmaceuticals in litigation following the 1999 Columbine High School shooting. A student injured in the shooting alleged liability against the drug maker because attacker Eric Harris had been taking the SSRI medication Luvox (fluvoxamine maleate) at the time of the incident. The injured student ultimately dropped his claim with no money exchanged.
U.S. v. Brown (Wash. 2000) - As senior Army trial counsel, led a team prosecuting the murder of a Fort Lewis soldier. The defendant received a life sentence without possibility of parole.
U.S. v. Guiza - Won a jury acquittal for a soldier accused of rape, which allowed the defendant to remain in the Army.
