Andrew S. Kessler

Andrew S. Kessler

Local Managing Partner

Office: PA – Philadelphia
T: 215-999-5765 F: 215-557-3771

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Since the start of his career over 25 years ago, Andy has been litigating a wide variety of matters. He has vigorously represented physicians and hospitals in the defense of medical malpractice matters and matters involving allegedly malfunctioning medical technology. Beyond the defense of medical malpractice matters, Andy has an extremely active and diverse litigation caseload including: premises liability matters, motor vehicle claims, products liability, construction defects and employment discrimination. He has almost two decades of experience in the defense of claims involving asbestosis and mesothelioma.

Andy’s practice is active at all levels of the litigation process, including arbitration, bench trials, jury trials and appeals before State and Federal Courts of Appeals.  While Andy’s practice is located in the Philadelphia office, he represents clients in multiple jurisdictions throughout Eastern Pennsylvania.

Practices

  • Obtained a defense verdict at jury trial in Lehigh County involving a senior citizen who sustained a broken hip as a result of a fall in a physician’s office. Successfully demonstrated to the jury that the incident could not have occurred as Plaintiff alleged.
  • Obtained a defense verdict at jury trial involving a failure to diagnose lung cancer case by demonstrating that there was no causal relationship between the alleged negligent conduct and plaintiff’s diagnosis with lung cancer
  • Obtained defense verdict at jury trial in matter involving a claim that Plaintiff slipped and fell on an accumulation of water in the pantry of a hospital
  • Secured defense verdict in bench trial in premises liability claim where vendor visiting hospital asserted that defective elevator doors caused crush injury to Plaintiff’s fingers
  • Secured dismissal of hospital in wrongful death action on behalf of 27-year-old woman who died two days after outpatient surgery by demonstrating that surgeon who performed the surgical procedures was not ostensible agent of hospital
  • Secured dismissal of hospital in claim where patient asserted he had been improperly discharged from hospital by demonstrating that Plaintiff’s representation that a Certificate of Merit was not required was erroneous
  • Secured dismissal of hospital and Emergency Department physician from action in which Plaintiff asserted a failure to diagnose and treat a pericardial effusion
  • Secured summary judgment in favor of property owner in a trip and fall action due to Plaintiff’s failure to make good faith efforts to serve the Complaint prior to the expiration of the statute of limitations
  • Secured dismissal of hospital in medical malpractice action alleging use of improperly sized plate for treatment of ulnar fracture
  • Secured dismissal of all claims at trial in medical malpractice action for improper emergency gynecological care by demonstrating that Plaintiff’s expert liability witness was not properly qualified under Section 512 of the MCARE Act to render expert opinions against Emergency Department physician (dismissal affirmed by Superior Court)
  • Secured an award in favor of Defendant in binding private mediation in a premises liability claim in which Plaintiff asserted he was injured when he tripped and fell over a raised HVAC exhaust vent
  • Secured award in favor of hospital in an action involving a claim that Plaintiff tripped and fell over an allegedly defective sidewalk causing a ruptured Achilles tendon by demonstrating that Plaintiff had committed perjury during his direct examination as to when and where the incident occurred
  • Secured the dismissal of hospital in medical malpractice action alleging improper discharge of a patient in the presence of an alleged infection which led to a below the knee amputation