While spending many of his formative years focusing on product liability cases, David McCormack fostered his unique approach to developing cases from the moment of the first client contact up through the time of trial. Through jury trials, arbitrations and settlements, David has regularly obtained significant results for his clients over the past two decades, including the firm’s largest medical malpractice award in 2016 and a $30.55 million verdict in 2019 with his partner Ben Zimmermann, which is among the largest medical malpractice verdicts in Massachusetts history. David led the SUGARMAN team responsible for the second largest personal injury settlement reported in Massachusetts in 2021 and obtained the firm’s largest jury verdict that year. In 2016, his argument and victory in front of the Massachusetts Supreme Judicial Court in Bowers v. P. Wile’s, Inc. helped to clarify and strengthen Massachusetts premises liability law. Recognized for his commitment to his clients and intensity, David has consistently been selected by his peers for inclusion in the Massachusetts Super Lawyers.
Although his focus remains on cases involving defective consumer products, medical malpractice, and other complex personal injury claims, David has pursued and litigated cases outside of the firm’s core litigation practice. He has represented clients in areas as diverse as arbitration proceedings relating to corporate stock manipulation, a breach of contract case involving a world-renowned band, and complex loss of business income cases. David’s legal writings have been published in Trial magazine and the Massachusetts Academy of Trial Attorneys Journal and he has frequently been invited to serve as a speaker on panels discussing various areas of personal injury law.
David joined SUGARMAN as an associate after graduating law school in 2003 and became a principal of the firm in 2011. He is proud to have spent his entire career in the collaborative and client-focused environment at SUGARMAN.
Currently, David is leading the SUGARMAN team litigating claims involving defective 3M Dual-Ended Combat Earplugs used by the military. To learn more, please click here.
Failure to review ultrasound leads to stroke
In a medical malpractice case, SUGARMAN attorneys obtained a pre-discovery settlement on behalf of a patient who was admitted to a Worcester-area hospital with classic symptoms of an impending stroke. The emergency room physician failed to review the results of the patient's carotid artery ultrasound, which showed severe blockage, and discharged the patient. The patient unfortunately suffered a massive stroke two days later.
Hospice company overmedicates patient for 5 years
A week before trial was scheduled to begin, SUGARMAN principals David McCormack and Benjamin Zimmermann reached a significant settlement for their client and her husband in a case involving negligent hospice care over the course of many years. SUGARMAN's client was an at-home hospice patient of the defendants for over 5 years and had been prescribed excessive and increasing amounts of narcotic pain medications to the point where she was unable to perform basic tasks. After not receiving answers to their concerns about the client's deteriorating condition, her family brought her to a local hospital, where medical providers immediately began weaning her off all the medications. The client's condition improved almost immediately. Through discovery and motion practice, SUGARMAN uncovered the hospice company's employee bonus program which incentivized employees to keep patients in hospice care and to avoid patients from being seen at hospitals or by outside providers. During the case, SUGARMAN also defeated the defendants' motion seeking to dismiss the case on various legal grounds -- a Superior Court judge found that all of the client's claims were legally and factually supported. The settlement was the second largest personal injury settlement reported in Massachusetts for 2021.
Traumatic brain injury and eventual death following excavator accident
Settlement for the daughter of a construction worker who was struck by an excavator's boom on a large development project in Everett. The excavator operator knew that the worker was in the area, but failed to look and make sure that the worker was a safe distance away before the operator moved the boom and violently struck him. The worker suffered catastrophic injuries that eventually caused his death 3 months later. In addition to a host of safety violations and unsafe practices, SUGARMAN attorneys were able to establish that the excavator operator had been previously fired for unsafe operation by the same company that later hired him to work on the development project. The case resolved shortly before trial.
Jury verdict in premises liability case
In one of the first civil trials following the lifting of the COVID-19 court closures, SUGARMAN partner David McCormack obtained a jury verdict for a client who sustained a severe femur fracture after slipping on ice at the corporate defendant's property. For several days following a snowstorm, the defendant and its employees failed to inspect the property, a busy gas station and convenience store in Lowell, and failed to find and treat the ice that caused the plaintiff to slip and fall. The jury, sitting for Middlesex Superior Court in Lowell, returned a verdict in favor of SUGARMAN's client after just 3 hours of deliberations.
Craneway collapse at Fore River Shipyard
Settlement of wrongful death lawsuit reached for the four young children of a construction worker who was killed when a massive steel craneway in Quincy collapsed. The general contractor failed to develop an engineering or demolition plan for the dismantling of the craneway and made cuts that left a portion of it a free-standing structure without securing it or warning any of the workers at the site of the danger posed by the free-standing structure.
Defective scissor lift injures construction worker
Settlement in product liability suit for construction worker who sustained severe crush and cardiovascular injuries due to the defective design of a safety device in an elevating scissor lift that allowed the lift to rise due to inadvertent contact with the joystick - the very hazard the safety device was intended to prevent.
- J.D., Boston University, 2003
- B.A., Providence College, 2000
- Massachusetts, 2003
- United States District Court, Massachusetts, 2004
- Massachusetts Academy of Trial Attorneys
- Massachusetts Bar Association
- American Association for Justice
- Boston Bar Association
- Essex County Bar Association
- Boston Magazine, “Top Lawyers – Plaintiff Medical Malpractice”, 2022
- “The Best Lawyers of America”, 2021-2022
- “Massachusetts Super Lawyers”, Law and Politics, 2013-2022
- “Massachusetts Super Lawyers, Rising Stars”, Law and Politics, 2008-2012
- Panelist: “Elder Law Seminar”, Massachusetts Continuing Legal Education, February 15, 2017
- Panelist: “Premises Liability: Strategies and Recent Developments”, Boston Bar Association, March 6, 2019
- Panelist: “Brave New World in Trucking Litigation”, Exigent Consulting, July 28, 2020
- Kirkwood-Boulter, et al. v. Massachusetts General Hospital, et al., 35 Mass. L. Rptr. 38 (2018)
- Bowers v. P. Wile's, Inc., 475 Mass. 34 (2016)
- Hughes v. Tenet Metrowest Healthcare, et al., 2006-J-0579
How SUGARMAN Can Help You.
We will listen carefully to you.
We will advise you regarding your potential case and the relevant law.
We will investigate for you and bring legal proceedings if appropriate.
SUGARMAN lawyers know that the damage done to lives by injury can be profound, yet often difficult to quantify or describe. And those effects last a lifetime. Our personal injury lawyers have the experience and resources to make a powerful case by developing the evidence and using expert consultation and testimony in order to prove your claim at trial. Just as important, we represent the injured and their families with special regard for the social, mental and emotional issues they face.