Andrew R. Rogoff is a trial lawyer in the Philadelphia office of Pepper Hamilton LLP, focusing his practice on the defense of pharmaceutical products liability claims and related consumer protection claims brought by various states, as well as allegations of professional negligence. During more than three decades of litigation, he has tried several dozen jury and non jury matters, argued appeals and appeared before the federal Judicial Panel on Multidistrict Litigation. In addition, he has resolved many cases through private mediation and arbitration.
Representative cases in which Mr. Rogoff has been involved include:
- serving as first-chair counsel in the successful defense of a leading pharmaceutical manufacturer in five-week jury trial where plaintiffs claimed that the company failed to warn physicians of adverse events associated with its antipsychotic medication that allegedly resulted in the death of their 20-year-old son
- defending a pharmaceutical company against consumer protection claims made by several attorneys general regarding the company’s promotion of its medication to physicians and the states
- defending oncologists, orthopedic surgeons, pediatricians, emergency department physicians and a major children’s hospital in catastrophic injury cases.
Recent published cases in which Mr. Rogoff has been involved include:
- State of Mississippi v. Eli Lilly and Company, 671 F. Supp. 2d 397 (E.D.N.Y. 2009) (granting defendant’s motion for summary judgment, and denying plaintiff's motion for summary judgment)
- Leggett, et al. v. Eli Lilly and Company, 2009 U.S. Dist. LEXIS 40125 (E.D.N.Y. 2009) (granting defendant’s motion under Daubert to preclude expert testimony in twenty cases)
- State of West Virginia v. Eli Lilly and Company, 2009 U.S. Dist. LEXIS 35767 (E.D.N.Y. 2009) (denying State’s demand for discovery of information related to company’s recent guilty plea)
- Warriner v. Stanton, 475 F.3d 497 (3d Cir. 2007) (affirming summary judgment in favor of the defendant in medical malpractice action)
- Kern v. Alfred I. du Pont Institute, C.A. No. 02C-05-001-FSS (Del. Super. Ct. 2004) (granting summary judgment for defendant in medical malpractice action).
Mr. Rogoff is co-chair of the firm’s Diversity Committee, and is active in a variety of community activities. For three years, he served as chairman of the board of directors of the American Foundation for Suicide Prevention and continues to serve on its board. He is engaged in litigation in several pro bono matters. In addition, he has served on the faculty of the National Institute for Trial Advocacy and taught appellate advocacy at the University of Pennsylvania Law School.
Mr. Rogoff is listed in The Best Lawyers in America and was selected for inclusion on the 2014 Pennsylvania Super Lawyers list.
Before joining Pepper, Mr. Rogoff served as an assistant district attorney in the Philadelphia District Attorney’s Office.