David McCormack

David P. McCormack


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

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

  • Biography
  • Recognition
  • Appellate Cases
  • Significant Cases

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.


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

Bar Admission

  • 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


  • “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

Kirkwood-Boulter, et al. v. Massachusetts General Hospital, et al., 35 Mass. L. Rptr. 38 (2018)

The Massachusetts Appeals Court affirmed the trial court’s denial of a protective order requested by the defendant, Massachusetts General Hospital (“MGH”), in a medical malpractice case involving a labor and delivery at the hospital. MGH’s attorneys had sought to prevent SUGARMAN from questioning hospital witnesses as to whether or not the medical providers involved in the labor and delivery, including a travelling nurse supplied to MGH by a staffing company, had complied with MGH’s internal policies regarding fetal heart monitoring of the baby. The Appellate Court, however, agreed with SUGARMAN that such questions were permissible under the Massachusetts Rules of Civil Procedure. SUGARMAN’s attorneys eventually resolved the medical malpractice claims against the MGH providers before obtaining a $30.55 million jury verdict against the corporation that had supplied the travelling nurse to MGH.

Bowers v. P. Wile's, Inc., 475 Mass. 34 (2016)

The Massachusetts Supreme Judicial Court affirmed the Appellate Court's decision to reverse the trial court's entry of summary judgment. SUGARMAN attorneys represented a woman who was caused to slip and fall on a stone that had been kicked loose from the defendant store's self-service display area, a hazard that the store was well aware of for several years. The Supreme Judicial Court agreed with SUGARMAN's attorneys that the "mode of operation" analysis applied to the facts of the case, vacated the judgment in favor of the defendant and remanded the case back to the Superior Court for further proceedings. SUGARMAN's lawyers eventually resolved the premises liability claim through a settlement for their client.

Hughes v. Tenet Metrowest Healthcare, et al., 2006-J-0579

The Massachusetts Appeals Court allowed the issuance of a significant pre-trial attachment against the assets of a for-profit hospital in a medical malpractice case involving the death of a 35-year-old mother of two children. Although the hospital had claimed that it did not have assets to satisfy a judgment, SUGARMAN's attorneys were able to identify a significant and previously undisclosed corporate account through painstaking work and forensic accounting. The case settled soon after the decision.

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.

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. Following the addition of interest, the total judgment came to $897,452.34.

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.

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.

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.

Failure to diagnose lung cancer

Settlement against Lowell-area radiologist for long-time smoker who underwent X-rays due to history of shoulder pain.  X-rays revealed suspicious mass in patient’s left lung, but radiologist interpreted the X-rays as being normal, resulting in a 28 month delay in diagnosis.

Arbitration award for death caused by respiratory depression

$2.2 million arbitration award in a wrongful death/medical malpractice lawsuit 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. The defendant nurse failed to notify a doctor or take appropriate clinical interventions once the patient began exhibiting signs of respiratory depression.

Defective product - Airplane cargo loader

Settlement in product liability lawsuit for a Boston airline worker who sustained fractures of his pelvis and hip when the safety rails on a cargo loader failed to activate, allowing a 1,500 lb. pallet to move off the loader and land on the worker after the pallet fell approximately 15 feet. The accident occurred due to a manufacturing defect in an electronic sensor used to activate the safety rails whenever the loader was in operation.

Displacement of lumbar interbody graft following surgery

Medical malpractice settlement for young mother and her family against a neurosurgeon who failed to properly place a lumbar interbody graft during a fusion surgery. Post-operative stage diagnostic studies revealed that the graft was displaced and deforming her iliac vein and arteries. The patient subsequently underwent two life threatening procedures and was left with significant neurological injuries.

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.

Medical malpractice - Doctor's failure to diagnose heart attack

Settlement of wrongful death lawsuit against a primary care physician following the death of a father of two children who suffered a heart attack. The defendant doctor failed to appreciate the severity and cause of the patient's complaints and failed to properly interpret the patient's EKG readings.

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.

David McCormack
Rated by Super Lawyers

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10.0David McCormack

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.

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