Bringing a focused technical and analytical approach to some of the firm’s most complex 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. Recognized for his commitment and intensity, David has consistently been selected by his peers for inclusion in the Massachusetts Super Lawyers. 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.
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. 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 on behalf of a member of 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 investigating claims involving defective 3M Dual-Ended Combat Earplugs used by the military. To learn more, please click here.
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.
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.
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.
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.
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.
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.
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.
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.
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.
$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.
Pre-trial settlement for man who developed severe Levaquin-induced tendonitis with resulting complications after his local pharmacy in Framingham dispensed Levaquin to him instead of a sleep aid. The error went undetected for two months.
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.
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.
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.
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.
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.
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.