Overview

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 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

Results

For a more complete list of trial results, please contact attorney.
  • Feb 25, 2020, Defense Verdict
    Belmont 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 Verdict
    Franklin 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 Verdict
    Franklin 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 Verdict
    Franklin

    Defense of wrongful death medical malpractice claim

  • Aug 22, 2019, Defense Verdict
    U.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 Verdict
    Jefferson 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 Verdict
    Fairfield County Court of Common Pleas

    Defended OB/GYN in case alleging permanent brachial plexus injury due to shoulder dystocia.

  • Jan 26, 2016, Defense Verdict
    Stark

    Defense of medical malpractice, wrongful death claim

  • May 27, 2015, Defense Verdict
    Summit

    Defense of delayed diagnosis in medical malpractice claim

  • Jan 30, 2015, Defense Verdict
    Trumbull

    Defense of catastrophic surgical medical malpractice claim. 

  • Sep 9, 2014, Complaint dismissed
    Franklin

    Defense of physician in medical board administrative investigation

  • May 27, 2014, Defense Verdict
    Summit

    Defense of anesthesiologist in wrongful death medical malpractice claim involving allegation of inappropriately monitoring following spine surgery.

  • San Allen Inc., v. Buehrer
    2014 -Ohio- 2071 (8th Dist.)
    8th Appellate Dist
  • Flynn v. Fairview Retirement Village 
    2013-Ohio-569 (8th Dist.)
    8th Appellate Dist
  • Flynn v. Fairview Retirement Village
    2012-Ohio-2582 (Sup. Ct.)
    Ohio Supreme Court
  • San Allen Inc., v. Buehrer
    2011-Ohio- 1676 (8th Dist.)
    8th Appellate Dist
  • Grey v. Walgreens Co.
    2011-Ohio-6167 (8th Dist.)
    8th Appellate Dist
  • State Farm Mut. Ins. V. Grace
    State Farm Mut. Ins. V. Grace, 2009
    Ohio Supreme Court
  • 2007-Ohio-367 (9th Dist.)
    9th Appellate Dist.

    Hazard v. Klein

  • Sigmon v. Southwest General Health Center
    2007-Ohio-2117 (8th Dist.)
    8th Appellate Dist
  • Dasch v. Lake Hospital Systems, Inc.
    2006-Ohio-6691 (11th Dist.)
    11th Appellate District
  • Czarney v. Porter
    2006-Ohio-2471 (8th Dist.)
    8th Appellate Dist
  • Cohen v. Meridia Health Systems
    2006-Ohio-3593 (8th Dist.)
    8th Appellate Dist
  • 2001 WL 587497 (Ohio 8 Dist.)
    8th Appellate Dist

    Barry v. Kriss

News

Speaking Engagements

  • Leadership Checkpoint: Analyzing Your Team Healthcare Communications
    Columbus, OH, Oct 21, 2016
  • One Click Away Risks of EHR
    Mid-Ohio Association of TDC Insured Physicians, Columbus, OH, Sep 9, 2015

Insights

Education

J.D., Case Western Reserve University School of Law, 1998

B.A., King's College, 1995

  • Dean's List

Admissions

  • 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 
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