David S. Waxman

David Waxman represents pharmaceutical and medical device manufacturers in products liability claims, and hospitals and health care providers in complex medical malpractice litigation. Over his 30-year career as a litigator and trial lawyer, David has exhibited a steadfast commitment to representing companies and physicians whose top priority is improving patient outcomes. When his clients are faced with litigation, David defends them, no matter how difficult the case or the jurisdiction. David has also defended products liability actions for clients in other industries and focuses on handling catastrophic injury claims. He has substantial experience in both state and federal courts, including mass tort and multi-district litigation.

Pharmaceutical and medical device claims

David has defended the manufacturers of generic pharmaceuticals including antibiotics and antiepileptics, and the makers of medical devices including motorized wheelchairs, cryotherapy devices, bariatric lifts, spinal neurostimulators, contact lens solution, blood products, ophthalmologic lasers, surgical lasers, rolling walkers, antiseptic solution, hip implants, weight machines and implanted birth control.

Select representations include:

  • A manufacturer of contact lens solution facing multiple lawsuits after a product recall. Achieved settlement of the cases.
  • A manufacturer of antiseptic solution defending litigation after a product recall and an associated patient death. Achieved settlement of the case.
  • A manufacturer of a laser used in a surgery that resulted in thermal injury to the patient’s spine. Obtained dismissal of the resulting case.
  • A manufacturer of an implanted contraceptive device facing a product liability claim involving intrauterine injury. Obtained dismissal of the case.

Medical malpractice claims

David regularly defends medical providers against allegations by their patients of negligent acts or omissions including errors in diagnosis, treatment and ongoing management of their conditions.

Selected representations include:

  • Multiple physicians facing a plaintiff demand to the jury for $10 million in damages due to allegations of failure to prevent a severely disabling second stroke. Obtained a defense verdict after a three-week trial in the Chicago suburbs.
  • Two suburban hospitals and multiple physicians facing a plaintiff demand to the jury for $39 million in damages on behalf of a profoundly brain-damaged child suing for allegedly inappropriate obstetric and neonatal care. Obtained a defense verdict after a four-week trial in Chicago.

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