Andrew D. DeSimone

Andrew D. DeSimone

 

Andrew D. DeSimone

Member

859.255.8581

An experienced and nationally recognized medical negligence defense attorney, Andrew’s litigation practice includes numerous trial and appellate victories in the areas of medical negligence, health care law, insurance defense, and governmental law. He has successfully defended healthcare professionals, clinics, hospitals, and long-term care facilities against medical negligence claims and federal and state regulatory actions such as negligent care, wrongful death, and patient neglect and abuse. Andrew is a leading speaker on medical negligence issues for DRI and other regional and national organizations.

Andrew’s knowledge of and compassion for doctors and healthcare providers and their patients started at an early age. He tagged along with his dad, Dr. Philip DeSimone, on his rounds at Lexington’s VA hospital and the University of Kentucky, seeing patients dying from cancer. Dr. DeSimone was a hematologist and oncologist, and a professor in the UK College of Medicine, and Andrew’s brother is a gynecological oncologist and Chief Medical Officer of Chandler Hospital at UK. Because of these connections, Andrew has a unique insight into the healthcare field, and the defense of physicians and other health care providers.

Areas of Practice

  • Successfully defended urology practice group at trial from allegations of delayed cancer diagnosis.

    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 Ifeacho v. Begley, 633 S.W.3d 333 (Ky. App. 2021); Ford v. Eastern State Hospital, 2019 WL 6534134 (E. Dist. Ky. 2019); Stanziano v. Cooley, 598 S.W.3d 82 (Ky. 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

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

    Best Lawyers in America®: Medical Malpractice Law – Defendants; Health Care Litigation

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

  • Defense Research Institute

    DRI Membership Committee

    DRI Medical Liability and Health Care Law Committee, Vice Chair
    -National Seminar Chair (2020-22)
    -Faculty (2022)

    DRI Trial Tactics Committee

    Kentucky Defense Counsel
    President-Elect, Board of Directors

    Kentucky Bar Association

    Fayette County Bar Association

    Fayette County Bar Foundation Board of Directors

    Central Kentucky American Inn of Court

    Kentucky Society for Healthcare Risk Management

  • The Kentucky Rules of Evidence: A Primer, Common Defense - publication of the Kentucky Defense Counsel, with Josh Owen (Summer 2023)

    Kentucky Supreme Court to Decide on the Certificate of Merit Statute, M.D. Update (February 2023)

    Critical Delays: The Importance of Meeting the Standard of Care for Cancer Diagnosis, M.D. Update (December 2021)

    Federal Rule of Evidence 615’s Application Prior to Trial, DRI For the Defense (May 2021)

    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)

  • Effective Use of Medical Literature in the Modern Medical Malpractice Case, DRI Medical Liability and Healthcare Law Seminar (February 2024)

    Chair, Kentucky Defense Counsel Fall Seminar (September 2023)

    Acute Respiratory Distress Syndrome, DRI Webinar, (July 2022)

    Following the Audit Trail: An Overview of GMR & Potential Uses, DRI Medical Liability and Healthcare Law Seminar (February 2022)

    Winning the Expert Discovery Battle, presentation for the Kentucky Defense Counsel Fall Seminar (October 2021)

    Leveraging Depositions and Testimony from Prior Litigation as Evidence at Trial: FRCP 32 and FRE 804, CLE webinar for Strafford (July 2020)

    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)

  • University of Kentucky, J.D.

    • Journal of Natural Resources and Environmental Law, Editor

    Vanderbilt University, B.A. cum laude

    • Honors in History

  • In addition to advising healthcare professionals, Andrew is a dedicated volunteer with a number of community organizations. He is an active leader in DRI (Defense Research Institute), the largest international membership organization of attorneys defending the interests of businesses and individuals in civil litigation. He serves as Vice Chair of the 2,000-attorney DRI Medical Liability and Health Care Law Committee, and has chaired their national seminar twice.