David has devoted his entire legal career to litigation. He has extensive experience in complex commercial, medical malpractice and long term care matters. He has represented Ohio businesses in litigation involving contractual obligations and unfair competition. In a commercial matter, after seven years of intense litigation, David prevailed at trial as co-counsel on behalf of 270,000 Ohio employers, obtaining a judgment for the return of $859 million dollars, leading to resolution after trial.
David also defends hospitals and physicians in numerous specialties as well as skilled nursing and assisted living facilities. Throughout his career he has successfully litigated hundreds of lawsuits, many involving commercial claims, medical malpractice, nursing home negligence and hospital liability. He has served as first chair counsel in more than 50 jury trials throughout Ohio.
David is a member of the American Board of Trial Advocates (ABOTA), a national organization of judges and lawyers dedicated to the preservation and promotion of the right to civil jury trial provided by the 7th Amendment of the US Constitution. Membership is by invitation only, limited to attorneys with substantial civil jury trial experience who exhibit the virtues of civility, integrity and professionalism.
David is also a frequent speaker on issues of litigation and risk management, and has been featured numerous times in the media on such matters. David is a Member of the Commercial Litigation, Medical Malpractice and Long Term Care Practice Groups.
Honors & Recognitions
(CME) Nurses on Trial, Cleveland Clinic Foundation, West Region, Marymount Hospital, 2006
Computer Animation in the Courtroom, Philadelphia Bench Bar Conference, 2006
(CME) Anatomy of a Lawsuit, Lake Hospital Systems, Inc., Lake West Hospital, 2006
(CLE) Medical Malpractice: Perspectives of Hospital Defense, Cleveland State University School of Law, 2005
(CLE) Medical Malpractice: Issues of Informed Consent, Cleveland State University School of Law, 2005
Problems with the Pennsylvania System of Funding Higher Education, Pennsylvania General Assembly, Committee on Higher Education, 1994
Recognized as a Rising Star by Ohio Super Lawyers Magazine
2016 Top Lawyers Central Ohio, Columbus CEO Magazine
Community & Professional
Cleveland Metropolitan Bar Association
Ohio State Bar Association
American Board of Trial Advocates
- Sep 11, 2020, Defense VerdictMontgomery County Common Pleas
Plaintiff underwent two level lumbar spine fusion performed by our neurosurgery client and subsequently claimed unremitting permanent pain from a cage/ spacer migrating into her spinal canal. Plaintiff claimed neurosurgeon failed to timely order appropriate tests and perform subsequent surgery to remove the cage, causing it to be permanently located in the spinal canal, resulting in permanent severe pain and disability.
- Mar 17, 2020, Defense VerdictFranklin County Court of Common Pleas
We represented a family practice physician. Plaintiffs alleged that our client failed to obtain urinalysis and MRI of the cervical neck in a patient with severe neck pain and hypertension. Plaintiff claimed this delayed diagnosis of her multiple myeloma, causing a C5 fracture and permanent spinal cord damage, multiple spine surgeries and permanent bowel and bladder incontinence. Plaintiff also claimed she is permanently confined to a wheelchair. Jury returned a unanimous verdict on favor of our client on standard of care.
- Feb 25, 2020, Defense VerdictBelmont County Common Pleas
Defense of plastic surgeon in case alleging failure to appropriately perform breast reconstruction, resulting in multiple further surgeries
- Nov 1, 2019, Defense VerdictFranklin County Court of Common Pleas
Defense of medical malpractice wrongful death claim alleging failure to obtain cardiac workup in hospitalized patient with risk factors for coronary artery disease.
- Sep 30, 2019, Defense VerdictFranklin County Court of Common Pleas
Defense of ENT surgeon in case alleging medical malpractice and wrongful death of 37 year old male who died from vertebral artery dissection and stroke following stent and spacer removal after sinus surgery.
- Sep 30, 2019, Defense VerdictFranklin
Defense of wrongful death medical malpractice claim
- Aug 22, 2019, Defense VerdictU.S. District Court, Northern District of Ohio
Defense of medical malpractice claim against neuroradiologist alleging failure to recognize indications of spinal epidural abscess on MRI.
- Jun 5, 2019, Defense VerdictJefferson County Court of Common Pleas
Defended internal medicine/ attending physician in case alleging wrongful death of 33 year old high school track coach from pulmonary embolus.
- Jan 17, 2017, Defense VerdictFairfield County Court of Common Pleas
Defended OB/GYN in case alleging permanent brachial plexus injury due to shoulder dystocia.
- Jan 26, 2016, Defense VerdictStark
Defense of medical malpractice, wrongful death claim
- May 27, 2015, Defense VerdictSummit
Defense of delayed diagnosis in medical malpractice claim
- Jan 30, 2015, Defense VerdictTrumbull
Defense of catastrophic surgical medical malpractice claim.
- Sep 9, 2014, Complaint dismissedFranklin
Defense of physician in medical board administrative investigation
- May 27, 2014, Defense VerdictSummit
Defense of anesthesiologist in wrongful death medical malpractice claim involving allegation of inappropriately monitoring following spine surgery.
- San Allen Inc., v. Buehrer2014 -Ohio- 2071 (8th Dist.)8th Appellate Dist
- Flynn v. Fairview Retirement Village2013-Ohio-569 (8th Dist.)8th Appellate Dist
- Flynn v. Fairview Retirement Village2012-Ohio-2582 (Sup. Ct.)Ohio Supreme Court
- San Allen Inc., v. Buehrer2011-Ohio- 1676 (8th Dist.)8th Appellate Dist
- Grey v. Walgreens Co.2011-Ohio-6167 (8th Dist.)8th Appellate Dist
- State Farm Mut. Ins. V. GraceState Farm Mut. Ins. V. Grace, 2009Ohio Supreme Court
- 2007-Ohio-367 (9th Dist.)9th Appellate Dist.
Hazard v. Klein
- Sigmon v. Southwest General Health Center2007-Ohio-2117 (8th Dist.)8th Appellate Dist
- Dasch v. Lake Hospital Systems, Inc.2006-Ohio-6691 (11th Dist.)11th Appellate District
- Czarney v. Porter2006-Ohio-2471 (8th Dist.)8th Appellate Dist
- Cohen v. Meridia Health Systems2006-Ohio-3593 (8th Dist.)8th Appellate Dist
- 2001 WL 587497 (Ohio 8 Dist.)8th Appellate Dist
Barry v. Kriss
- Press Release, Mar 17, 2020
- Press Release, Feb 27, 2014
- Leadership Checkpoint: Analyzing Your Team Healthcare CommunicationsColumbus, OH, Oct 21, 2016
- One Click Away Risks of EHRMid-Ohio Association of TDC Insured Physicians, Columbus, OH, Sep 9, 2015
- Apr 7, 2020
- Apr 1, 2020
- Jun 17, 2019
- Keeping the Gatekeeper at the Gate: Overcoming the 10th District’s Recent Decision that Could Remove the Teeth from Rule 10(D)(2)’s Affidavit of Merit RequirementNov 29, 2018
- Nov 15, 2018
- Court of Appeals Holds a Wrongful Death Claim Arising from Medical Care is Subject to Statute of Repose for Medical ClaimsJun 29, 2018
- Sep 13, 2017
- Ohio Supreme Court Decision Permits Immediate Appeals from Discovery Orders Requiring Disclosure of Privileged MaterialsDec 14, 2016
- Medical Claims and Nursing Homes: The Struggle to Apply the Protections of Ohio Rev. Code § 2305.113 to Long-Term Care FacilitiesOct 3, 2016
J.D., Case Western Reserve University School of Law, 1998
B.A., King's College, 1995
- Dean's List
- State of Ohio
- U.S. District Court, Northern District of Ohio
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Southern District of Ohio