Andrew J. Hoffman II

DLA Piper LLP white collar litigation partner Andrew J. Hoffman II possesses a deep knowledge of the government enforcement environment with a focus on fraud and abuse issues. He represents pharmaceutical manufacturers and other life sciences companies in government investigations and related litigation.

Promoted to partner in 2018, he previously worked at King & Spalding LLP in Washington, D.C.

"I guess I'm a little bit of a nerd because I do enjoy pharmaceutical litigation," he said. "And I started working with great lawyers right out of law school, and I love that."

Hoffman led a team of DLA Piper litigators who defended Pfizer Inc. and its 2015 pharmaceutical and medical device acquisition Hospira Inc. in a qui tam lawsuit filed under the federal False Claims Act, Illinois' False Claims Act and Illinois whistleblower law. The relator, a former Hospira employee, raised concerns about the quality of certain infusion pumps and compliance with reporting requirements under federal regulations. He also alleged he was demoted after bringing his concerns to management.

Pfizer had sold its infusion pump business in 2017 before learning about the suit. In 2018 the federal government and the state of Illinois, where Hospira had its headquarters, declined to intervene. After conducting an internal investigation, Hoffman moved to dismiss before U.S. District Judge John Robert Blakey of Chicago.

"We argued that the whistleblower had made the government aware of his claims years ago," Hoffman said. "The reality is that medical devices can have defects and companies repair them. It's part of the nature of the industry."

The judge agreed and dismissed the case in its entirety in March 2019, holding that the whistleblower failed to allege a single claim submitted to the government for payment. U.S. ex rel. Thornton v. Pfizer Inc., 1:16-cv-07142 (N.D. Ill., filed July 11, 2016).

In another False Claims Act case, Hoffman again defended Pfizer, one of the targets of a suit claiming that clinical nurse educators, reimbursement counselors and other patient support programs offered in connection with a multiple sclerosis medication were improper inducements under the federal Anti-Kickback Statute. Hoffman and his team responded to the government's inquiry into the matter, producing documents and making presentations to the U.S. attorney's office in Philadelphia. In 2018 the government declined to intervene before exercising its statutory authority to dismiss the case outright over the plaintiff's objection. U.S. District Judge Timothy J. Savage of Philadelphia held, in agreeing with Hoffman, that dismissal was rationally related to legitimate government interests. U.S ex. Rel. Harris v. EMD Serono, 16-cv-05594 (E.D. Pa., filed Oct. 21, 2016).

"We demonstrated that the case was brought by a shell corporation created by a lawyer with no inside information and a professional whistleblower," Hoffman said. "They tried to twist pro-patient activities into a fraud, and that was a bridge too far for the government and the judge."

Hoffman also does pro bono work for veterans and in immigration cases. "I care a lot about these issues, and my work reflects the emergencies of the moment. I represent two minors, 17 and 14, who fled El Salvador with their lives under threat by gangs. The have harrowing stories to tell. I got a guardian appointed for both, and I'm really happy about that," he said.

-- John Roemer