David P. McCormack

PRINCIPAL

Bringing a focused technical and analytical approach to some of the firm’s most complex cases.

Prudential Tower
800 Boylston Street, 30th Floor
Boston, MA 02199-8001

SUGARMAN team David

Biography

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. That approach has served his clients well for almost two decades. David brings his dedication to helping his clients to every case, no matter the size or subject matter.

Through jury trials, arbitrations and settlements, David has regularly obtained significant results for his clients, 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 highest medical malpractice verdicts in Massachusetts history. David led the SUGARMAN team responsible for the second largest personal injury settlement reported in Massachusetts in 2021. In 2016, his argument and victory in front of the Massachusetts Supreme Judicial Court in Bowers v. P. Wile’s, Inc., 475 Mass. 34 (2016) helped to clarify and strengthen Massachusetts premises liability law. Recognized for his commitment 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’s intellectual curiosity also leads him to pursue and litigate 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.

Significant Cases

construction 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.

medical malpractice Verdict in labor and delivery medical malpractice case

Following a two-week trial in Suffolk County Superior Court in Boston, SUGARMAN Principals Benjamin Zimmermann and David McCormack obtained a $30.55 million jury verdict on behalf of a child who suffered permanent and catastrophic brain injuries during his mother’s labor and delivery at a Boston hospital. The jury agreed that the nurse responsible for monitoring the baby’s heart rate and well-being during labor had failed to ensure that the baby was responding appropriately and that the nurse’s failure to comply with the standard of care resulted in the baby’s severe oxygen deprivation going undetected. The jury awarded damages for both the young boy and his parents.

medical malpractice Patient suffers debilitating stroke after not receiving medication

Pre-suit settlement of medical malpractice case for 61-year-old man who suffered major stroke after his doctors and nurses failed to administer a critical medication for two days while the man was a hospital inpatient following cardiac surgery.

alcohol icon Wrongful death and serious injuries in Jamaicaway drunk driving crash

Pre-trial settlement on behalf of family of a woman killed in a drunk driving accident as well as on behalf of two others who suffered serious injuries in the same crash. The drunk driver became intoxicated at a Boston bar and was attempting to drop off her passengers when she crossed a double yellow line on the Jamaicaway and struck another vehicle head on. The drunk driver’s blood alcohol level was later found to be almost three times the legal limit.

medical malpractice Failure To Diagnose Lung Cancer

Settlement against physicians who failed to follow up on x-ray report of mass in lung in 76-year-old patient who subsequently died from lung cancer.

wrongful death claims Arbitration award for death caused by respiratory depression

Arbitration award for the family of a 68-year-old man who passed away just 12 hours following a routine hip replacement surgery. The patient died from complications of respiratory depression caused by the standard post-operative administration of narcotic pain medications.

Education

  • J.D., Boston University, 2003
  • B.A., Providence College, 2000

Bar Admission

  • Massachusetts, 2003
  • United States District Court, Massachusetts, 2004

Affiliations

  • Massachusetts Academy of Trial Attorneys
  • Massachusetts Bar Association
  • American Association for Justice
  • Boston Bar Association
  • Essex County Bar Association
  • “The Best Lawyers of America”, 2021-2022
  • “Massachusetts Super Lawyers”, Law and Politics, 2013-2021
  • “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

How SUGARMAN Can Help You.

  • 1

    We will listen carefully to you.

  • 2

    We will advise you regarding your potential case and the relevant law.

  • 3

    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.