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Andrew DeSimone

Member

adesimone@sturgillturner.com | 859.255.8581

 
 
 

Andrew’s litigation practice includes numerous trial and appellate victories in the areas of medical malpractice, health care law, insurance defense, and governmental law. He defends doctors, hospitals and long-term care facilities against medical malpractice claims and federal and state regulatory actions, such as negligent care, wrongful death, and patient neglect and abuse. Since both his father and brother are physicians, Andrew has a unique insight into the defense of physicians and other health care providers.

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Areas of Practice

 
 
 
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Representative Experience

Successfully defended general surgeon following patient with perirectal sepsis from hemorrhoidal banding procedure.

Successfully defended orthopedic trauma surgeon following death of patient from an infected wound.

Successfully defended interventional radiologist at trial following the death of his patient from a pericardial effusion after a soft tissue biopsy.

Successfully defended a general surgeon at trial following an allegation of a retained foreign body following a surgery.

Successfully defended an internist at trial from an allegation of failure to warn about the effects of a prolonged erection.

Successfully defended an internist at trial following the death of his patient following an alleged failure to treat a peritonsillar abscess.

Successfully defended a general surgeon following the death of his patient from intra-abdominal sepsis.

Successful prosecution of a Privacy Act violation on behalf of 98 plaintiffs against the U.S. Department of Corrections, which included a 24-day bench trial and a Sixth Circuit Appeal.

Andrew has numerous published cases to his credit including Stanzio v. Cooley, NO. 2017-CA-001430-MR (Ky. Ct. App. 2019); Tucker v. City of Richmond, 388 F.3d 216 (6th Cir. 2004); Beaven v. United States Department of Justice, 622 F.3d 540 (6th Cir. 2010); Lexmark International, Inc. v. Laserland, Inc., 304 F.2d 913 (E. Dist. Ky. 2004); Huber Winery v. Wilcher, 488 F.2d 592 (W. Dist. Ky. 2006); Cherry Hill Vineyard, LLC v. Hudgins, 488 F.Supp.2d 601 (W. Dist. Ky. 2006); Bloodstock Research Information Services, Inc. v. Edbain.com, LLC, 622 F.Supp.2d 504 (E. Dist. Ky. 2009); Ross v. Powell, 206 S.W.3d 327 (Ky. 2006); Toche v. American Watercraft Association, 176 S.W.3d 694 (Ky. App. 2005); Greenway Enterprises, Inc. v. City of Frankfort, 148 S.W.3d 298 (Ky. App. 2004); Churchill Downs Inc. v. Thoroughbred Horsemen’s Group, LLC, 605 F. Supp. 2d 870 (W.D. Ky. 2009); and Milgrom v. Burstein, 374 F.Supp.2d 523 (E. Dist. Ky. 2005).

UK College of Law, Legal Research and Writing Instructor

Law Clerk to Kentucky Supreme Court Justice William S. Cooper (2000-2001)

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Accolades

AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Best Lawyers in America®: Health Care Litigation

Kentucky Super Lawyers®: Medical Malpractice Defense, General Personal Injury Defense

Kentucky Super Lawyers® “Rising Star” (2013-2014)

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Publications

A Legislative Update and Review of the MRP Process, M.D. Update (March 2018)

Editor of DRI’s The Trial Compendium® (2017)

Eighth Amendment Claims, M.D. Update, (December 2016)

Endometrial Cancer—A Primer in Medicine and the Law, DRI For the Defense (November 2016)

Medical Expenses & the Collateral Source Rule, DRI Trial & Tribulations (Volume 22 Issue 3)

Defending Eighth Amendment Claims Against Medical Providers, DRI In-House Quarterly (Summer 2016)

DRI Deposition Manual, Editor in Chief (January 2016)

Author of chapter in DRI Deposition Manual: Preparing the Client for Depositions (January 2016)

Author of chapter in DRI Deposition Manual: Using Depositions in Court Proceedings, Federal Rule of Civil Procedure 32 (January 2016)

Kentucky’s Informed Consent Law, M.D. Update (October 2015)

Deciphering Attorney-Client and Work Product Privileges, Common Defense (November 2013)

Kentucky’s Amended Pill Mill Law, M.D. Update (July 2013)

Kentucky’s New Pill Mill Law, M.D. Update (September 2012)

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Seminars

Preparing Your Expert for Deposition, presentation for the National Business Institute’s Ultimate Guide to Expert Witnesses CLE (March 2018)

Voir Dire and Advanced Jury Selection Strategies, presentation for the National Business Institute’s Advanced Issues in Personal Injury Litigation CLE (March 2016)

 
 
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Professional Affiliations

Central Kentucky American Inn of Court

Defense Research Institute

DRI Publications Committee

DRI Trial Tactics Committee Publications Chair (2016-2018)

DRI Medical Liability and Health Care Law Committee, Vice-Chair of Committee Seminar for 2019

DRI Medical Liability and Health Care Law Steering Committee

Kentucky Defense Counsel, Board of Directors

Kentucky Bar Association

Fayette County Bar Foundation, Board of Directors

Fayette County Bar Association

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Community Involvement

Surgery on Sunday, Board of Directors, Secretary (2015-2018)

American Red Cross Bluegrass Chapter, Board of Directors (2016-2017)

Lex-Care, Inc., Board of Directors, Secretary (2013)

Bluegrass Crime Stoppers, Board of Directors, President (2011)

United Way of the Bluegrass, Get on Board (2007)

Fayette County Legal Aid, Public Defender (2001-2002)

Paul Laurence Dunbar High School, Mock Trial Team Coach (2005-2007)

Education

University of Kentucky, J.D. (2000)

  • Journal of Natural Resources and Environmental Law, Editor

Vanderbilt University, B.A. (1996)

  • Cum laude, Honors in History

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Paralegal Support