Andrew Albero

Partner

Andrew.Albero@lewisbrisbois.com

Andrew Albero is a partner in the Philadelphia office of Lewis Brisbois and a member of the Life Sciences Practice. Andrew is an experienced litigator with a diverse and nationwide practice focused primarily (but not exclusively) in the areas of pharmaceutical and medical device products liability defense, medical malpractice defense, and long-term care litigation. 

Andrew currently represents physicians in numerous subspecialties, nurses, physician practice groups, hospitals, a major regional integrated health system, long-term care facilities, assisted living facilities, and substance abuse treatment centers in medical professional negligence cases, as well as general liability matters. His complex cases routinely involve misdiagnoses, medication errors, perioperative complications, falls, decubitus ulcers, infections, assaults, amputations, deaths, among many others. 

In addition, Andrew regularly represents physician clients in state licensure medical board investigations and enforcement actions. 

Andrew also defends national medical device and pharmaceutical companies at various levels of the supply chain in both local and multidistrict product liability actions. His complex cases involve alleged catastrophic injuries and economic losses attributed to malfunctioning surgically implantable medical devices and contaminated and/or defective prescription medications.

Further, Andrew has experience serving as local counsel, counsel pro hac vice, and national and/or regional counsel, in situations where his clients are either drawn into complex litigation in other parts of the country, or require the assistance of highly specialized litigation counsel in niche practice areas. Andrew has taken advantage of the firm’s national footprint and worked with teams of attorneys from different practice groups in other offices to obtain favorable results for numerous clients in jurisdictions such as Delaware, Alabama, Texas, and Kansas. Whether the matters involved medical malpractice, defective drugs or medical devices, contractual disputes, trucking accidents or cybersecurity breaches, Andrew has formulated effective litigation strategies to protect his clients’ commercial and financial interests.        
 
In addition, Andrew has expanded his practice beyond the realm of litigation and into the ever-changing and nuanced field of healthcare regulatory compliance. He utilizes his strategic approach, finely-tuned legal research skills, and diverse litigation background to help healthcare clients take proactive steps and avoid costly litigation. He works closely with in-house counsel and risk managers of a major regional health system and regularly provides healthcare regulatory and compliance counseling. He also provides strategic input on risk mitigation/management efforts and advises his clients in complex care situations involving high-risk pregnancies, psychiatric patients, pediatric patients, dealings with government officials and law enforcement, HIPAA compliance, among many other matters.

Before joining Lewis Brisbois, Andrew spent a decade gaining valuable insight and experience working with the seasoned medical malpractice defense trial attorneys in Philadelphia. Over the years, his detail-oriented approach has helped achieve countless successful case resolutions in high-exposure medical professional negligence actions on behalf of healthcare providers throughout the Philadelphia area. Andrew has defended health systems, hospitals, long-term care facilities, physicians, physician practice groups, nursing staff, mental health care providers, and other allied health professionals. He has both first and second-chair trial experience and has managed intensive fact discovery and developed defense theories in numerous complex cases by collaborating directly with clients, witnesses, and experts. He has routinely and independently conducted discovery depositions of adverse parties and their fact witnesses and prepared and presented healthcare providers for their depositions and trial testimony. In addition, Andrew has prepared and argued a wide variety of pre-trial motions and has drafted winning briefs and pleadings in significant cases on behalf of his clients.

Primary Area(s) of Practice

  • Healthcare
  • Life Sciences
  • Products Liability
  • Medical Malpractice

Additional Experience

Admissions

Pennsylvania

New Jersey

Associations

  • Philadelphia Bar Association
  • Pennsylvania Bar Association
  • American Bar Association

Awards & Honors

  • Best Lawyers, Product Liability Litigation – “Ones to Watch” (2021—2025)
  • Pennsylvania Super Lawyers: Rising Stars – Civil Litigation - Defense (2021—2023)
  • Pennsylvania Super Lawyers: Rising Stars – Personal Injury Defense - Medical Malpractice (2016—2020)

Professional Presentations

Mock Trial, Guest Speaker/Presenter, Pennsylvania Association of Nurse Anesthetists Spring Symposium, Hershey, Pennsylvania, May 2012.

Education

Drexel University Kline School of Law

Juris Doctor, cum laude, 2009

Johns Hopkins University

Bachelor of Arts, 2006

Representative Matters

During his successful legal career, Andrew has helped achieve numerous favorable outcomes for his health care clients. The following are just a few of his recent success stories:

  • Assisted lead trial counsel in successfully obtaining a defense verdict in a medical malpractice case on behalf of a plastic surgeon. The matter involved a plaintiff who underwent breast reduction surgery and later suffered an infection and tissue necrosis. As a result, the plaintiff had to undergo multiple additional surgeries, including breast reconstruction, and sustained permanent disfigurement. 
  • Successfully obtained summary judgment in a medical malpractice case on behalf of a consulting infectious diseases physician. The matter involved a plaintiff with a lower extremity injury and wound infection who ultimately developed compartment syndrome in the hospital and underwent an amputation. Andrew elicited key admissions from the plaintiff’s primary expert witness at deposition. He established that, under the applicable state law, the expert lacked appropriate qualifications to render opinions against a board certified infectious diseases physician, and he elicited a concession from the expert that the defendant physician did not breach the standard of care.
  • Acted as lead trial counsel for a Philadelphia hospital in a multiparty medical malpractice action involving a 29 year-old patient in postictal psychosis who sustained catastrophic injuries after jumping through a hospital window.
  • Assisted lead trial counsel in successfully obtaining a defense verdict on behalf of a psychiatrist in a Chester County medical malpractice case. The case involved claims of extreme lithium toxicity and failure to monitor that resulted in severe and permanent cognitive deficits. The pre-trial demand was $4 million. Complicating the case were allegations of forged and altered medical records and key witness credibility issues.
  • Assisted lead trial counsel in successfully obtaining a defense verdict on behalf of two physicians and a rehabilitation facility in a Lehigh County medical malpractice case. The case involved an alleged failure to diagnose and treat a femoral fracture, which developed during the patient’s post-operative rehabilitation following bilateral knee replacement surgery.
  • Assisted lead trial counsel in successfully obtaining a defense verdict in a Philadelphia medical malpractice case on behalf of a primary care physician. The case involved an alleged failure to timely diagnose and treat a carcinoid tumor, which resulted in widespread metastasis and death of a 51-year-old patient.
  • Successfully obtained summary judgment on behalf of a Philadelphia hospital in a case involving an alleged failure to diagnose and treat a post-operative joint infection. The case involved an issue of first impression under Pennsylvania law regarding Certificates of Merit.
  • Prevailed on a motion to dismiss a wrongful death/medical malpractice case against a New Jersey health system based upon an insufficient Affidavit of Merit. The case involved a hospital stroke patient’s alleged post-operative neurosurgical complications.
  • Prevailed on a motion to dismiss a products liability action involving personal injury and breach of warranty claims against a foreign generic pharmaceutical manufacturer of an antihyperglycemic drug.
  • Successfully obtained a dismissal/release of anesthesia providers before trial without any financial contribution in a high-exposure medical malpractice case. The matter involved death of a patient who underwent a cardiothoracic surgical procedure and developed intraoperative complications.

Publications

Mr. Albero has been a contributing author in multiple publications, including:

  • “Legal Issues for the Gastroenterologist: Parts I & II”, The New Gastroenterologist, August and November 2017.
  • Pennsylvania Bar Institute’s Professional Liability Update (2017-2018).