Andrew D. Swain, Esq.
Mr. Swain graduated from Temple Law School with honors in 1994, where he was a member of Temple's Law Review, and he received a Master's Degree in Trial Advocacy from Temple Law School in 1997. He received his B.A. and graduated with honors from Franklin & Marshall College in 1991.
A trial lawyer for plaintiffs in catastrophic personal injury and civil matters, Andrew D. Swain is also dedicated to his community as well as educating the public on the workings of the legal system. Mr. Swain is admitted to the Pennsylvania and New Jersey bars, the U.S. District Courts in these states as well as the First and Third Circuit Court of Appeals. He also has served as a member of the YLD Attorney Mentoring Program and has participated as a member of the State Civil Rules and Procedures Committee for the Philadelphia Bar Association.
Mr. Swain represents plaintiffs in medical and nursing home malpractice, wrongful death claims, personal injury claims, and in other civil cases. He has investigated or litigated cases involving newborns, hospital acquired infections, breast cancer, brain injury and other events leading to a patient's death as well as improperly performed orthopedic, neurologic, brain, cosmetic, vascular, urologic, and cardiac procedures. These cases have involved Emergency Department and hospital mistakes related to strokes, heart attacks, subarachnoid hemorrhage, and other critical emergency room matters.
Surgical and physician malpractice cases have involved spinal fusion, reconstructive joint surgery, hip and knee implants, pregnancy, birth and c-section errors, fibroid tumors, aneurysms, cardiac catheterization, errors in reading pathology slides or biopsy results, and errors in reading x-rays, mammograms, CT or MRI films. Other malpractice cases have involved kidney, spleen, gall bladder and colonoscopy cases. Operating room errors caused by anesthesia, intubation, catastrophic blood loss, and improper patient positioning during surgery have also been litigated.
Mr. Swain is actively working on burn injury cases in Pennsylvania and New Jersey caused by laser hair removal. Estheticians, nurses, cosmetologists and other non-physicians perform hair removal services with laser devices at spas or so called, medi-spas. Because of increasing patient injuries, Mr. Swain is actively working to ensure that such services are only performed by board certified physicians.
Mr. Swain litigates automobile, truck and motorcycle accidents. He handles claims related to under and uninsured motorist coverage, first party, PIP benefits as well as third party claims filed against negligent drivers, vehicle owners, as well as bars and taverns for accidents involving drunk drivers. These cases have involved intersectional collision cases, motorcycles, bicycles and pedestrian accidents, and many other scenarios. Lawsuits have also included claims related to defective highway design and improper maintenance of street surfaces and traffic signal devices. In connection with motor vehicle accidents, lawsuits have also been filed where the vehicle itself caused or enhanced a plaintiff's injuries due to vehicle roll-over or where the seat collapses, causing the driver or passenger to be thrown backwards.
Catastrophic fire and burn cases have also been litigated. Cases litigated have involved smoke detectors that have failed to alert family members due to improper installation, or defects in the assembly, design or labeling of the detector, causing personal injury and death. A child who sustained 2nd and 3rd degree burns caused by a defective space heater and a flammable nightgown was successfully litigated.
Work related accidents have involved everything from construction accidents, equipment used on the job site, asbestos exposure, auto accidents, slip and falls, dog bites, and many other claims brought against business entities, property and home owners, as well as general and subcontractors.
Mr. Swain has authored materials on the subjects of HMO litigation, conducting discovery in health care litigation, understanding the peer review and self-critical analysis privileges, handling cases involving hospital or medically acquired infections for the medical malpractice attorney, personal injury law in Pennsylvania and New Jersey, and conducting trials in federal court. Mr. Swain participated as a panel member in a seminar entitled, My First Federal Trial, which received awards from the American Bar and Pennsylvania Bar Association, and he has served as a moderator or speaker for other seminars in Pennsylvania and New Jersey.
