Andrew Efaw has represented clients in complex trials and litigation in federal and state courts in 17 states nationwide. In addition to handling intricate commercial cases, Andy helps companies and individuals navigate civil lawsuits that arise after criminal acts. He defends hospitals and executives against malpractice claims involving violations of patient trust; pharmaceutical companies against product liability claims linking medicines to violent acts; and property owners and operators when catastrophe strikes on their premises.
In these and similar matters, Andy brings significant niche experience and a deft touch to protect his clients when their businesses, brands, and relationships require nuanced defense. Andy approaches each case with distinctive intellectual rigor, and he has a record of entering cases and uncovering game-changing facts.
A colonel in the U.S. Army Reserve, Andy commands the 2d Legal Operations Detachment in New Orleans. He has twice deployed to combat zones. In 2004-2005, Andy served in Iraq, trying cases as the Senior Defense Counsel of Northern Iraq. In 2012, Andy served as the sole Army judge in Afghanistan and Kuwait. He chronicled that experience in a series of dispatches published by Law Week Colorado between May and December of that year. From 2007-2013, Andy was a military judge. In addition to Southeast Asia, he presided over cases in 11 states and in Germany.
Andy frequently presents to lawyers, judges, insurers, and risk managers on topics including the defense of high-profile events, trial strategy, and professional ethics.
Defending a medical device company facing allegations that its product catastrophically injured a patient's heart. Singh v. Edwards LifeSciences Corp. (Cal.).
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 and healthcare providers to assess and innovate following critical incidents without concern that their discussions will be discovered. In Re: Simpson v. Cedar Springs Hospital Inc. (Colorado Supreme Court, No. 13SA124).
Successfully appealed a decision by the Office of the Inspector General, Department of Health and Human Services, to impose on WTO's pro bono client, a Navy nurse and corpsman, a mandatory 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 and allowing our client to return to military service.
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. Anderson v. Pfizer Inc. (No. 05-c-1680, N. Dak. 2010).
Obtained a favorable settlement for a pharmaceutical company against claims that the plaintiff developed Stevens-Johnson Syndrome (SJS) from use of medication. Wilson v. Wyeth Pharmaceuticals (No. 2008cv02763 E. Dist. Ark., 2008).
Won a complete jury verdict in a franchise dispute in Los Angeles, defeating all of the plaintiff's claims and winning all six counterclaims and an award of over $7 million, including punitive damages, for Mercedes-Benz USA. Auto Stiegler, Inc. v. Mercedes-Benz USA, LLC, No. CV04-7261 (C.D. Cal. 2006).
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. Taylor v. Solvay Pharmaceuticals (Nos. 01-B-2076 and 00-B-808, Dist. Colo., 2003).
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. United States v. Brown (Washington, 2000).
Won a jury acquittal for a soldier accused of rape, which allowed the defendant to remain in the Army. United States v. Guiza (Kuwait, 2005).
- U.S. District Court for the District of Colorado
- U.S. District Court for the Western District of Michigan
- U.S. Court of Appeals for the Seventh Circuit
Judge Advocate General's Corps of the United States Army
Military Judge, Afghanistan
Senior Defense Counsel, Northern Iraq
Senior Trial Counsel, Fort Lewis, Washington
Professional Malpractice Law, 2013-2015
Colorado Super Lawyers
General Litigation, 2012-2015
Top 100, 2015
Law Week Colorado
Lawyer of the Year, 2012
Martindale-Hubbell AV® Peer Review Rated
Future Star - Colorado, 2014-2015
American Bar Association
Faculty of Federal Advocates
Colorado Bar Association
Denver Bar Association
United States Army Military Judge