David Barry, a partner at Sugarman, Rogers, Barshak & Cohen, P.C., has achieved outstanding results on behalf of corporate and individual clients in such diverse practice areas as product liability defense, legal malpractice defense, and plaintiff’s medical malpractice cases. David has been lead trial counsel in hundreds of cases in the state and federal courts of Massachusetts and other New England states. He has tried more than 60 cases, most of them before juries, and has obtained scores of noteworthy verdicts and judgments in favor of his clients.
Throughout his career, David has maintained a practice that includes advocacy for both plaintiffs and defendants. He believes that this cross-disciplinary experience has made him a more effective lawyer for everyone he represents. Clients particularly appreciate his ability to communicate complex, technical information to juries, and to find the compelling “story” that brings together the facts of a case.
David has successfully defended major manufacturers in complex product liability cases involving a wide range of consumer and industrial products, including automobiles, buses, cranes, fork lift trucks, pharmaceutical drugs, gas and electrical equipment, power tools, and many others. He has served as New England regional counsel and Massachusetts trial counsel for U.S. and international manufacturers that face multi-million dollar exposure in cases involving catastrophic injuries and fatalities allegedly caused by product design, warning, or manufacturing defects.
David has successfully defended attorneys in legal malpractice cases arising out of underlying matters such as patent infringement and licensing disputes, real estate issues, and personal injury and other litigation.
David has also obtained substantial recoveries for individual clients and their families in medical malpractice and other personal injury cases. He has won substantial compensation for patients who have suffered catastrophic injuries and death as a result of negligent treatment by doctors in various medical specialties. His cases have involved claims such as failure to diagnose cancer and other serious diseases, negligent administration of anesthesia, surgical errors and omission, negligence of radiologists and malpractice by psychiatrists and other mental health caregivers. Most recently, David obtained a $7.35 million settlement on behalf of a young girl whose medical providers failed to recognize that she was the victim of child abuse by her adoptive parents.
David has written and co-authored numerous frequently cited articles on legal malpractice law in Massachusetts and has appeared as a panelist at continuing legal education programs on professional responsibility of lawyers. He has lectured and been a panelist at seminars on product liability and trial practice. He authored the Product Liability Advisory Counsel’s amicus curiae brief to the Massachusetts Supreme Judicial Court in Canavan’s Case, resulting in a key decision in which the Court adopted PLAC’s position that, before admission in evidence, all expert testimony should be judicially reviewed for reliability. He has also written and spoken to Massachusetts lawyers on litigating pharmaceutical cases, and to practicing physicians on how to avoid being sued for medical malpractice.
- Fellow, American College of Trial Lawyers
- Fellow, International Academy of Trial Lawyers
- American Board of Trial Advocates
- The Best Lawyers in America (Product Liability Litigation - Defendants, Medical Malpractice Law - Plaintiffs), 2007-2014
- Lawdragon 3000 Leading Lawyers in America, 2010, 2007
- Massachusetts Super Lawyers (General Litigation, Personal Injury Defense: Products), Boston magazine, 2005-2012; Top 100 Lawyers in Massachusetts, 2007-2012; Top 100 Lawyers in New England, 2007-2012
- Rated AV® Preeminent™ by Martindale-Hubbell
- Benchmark Litigation “Litigation Star” (Plaintiff), Massachusetts, 2013
- Panelist, “Pharmaceutical Litigation: Cutting Edge Issues, Principles and Tactics,” (MCLE, Inc. 2005)
- Panelist, “Kumho Tire Update 2001,” (MCLE, Inc. 2001)
- Faculty Member, “Use of Demonstrative Evidence,” MCLE Trial Advocacy Workshop, 2000
- Panelist, “Hi-Tech Demonstrative Evidence,” Commonwealth of Massachusetts Superior Court Spring Judicial Education Conference, 1999
- Panelist, “Malpractice Cases from Both Sides of the Courtroom,” Harvard Risk Management, 1997
- Panelist, “Medical Malpractice - A Plaintiff’s Attorney’s Perspective,” Clinical Risk Management for Physicians, 1996 offered by Deaconess Hospital, Harvard Medical School and the Risk Management Foundation of the Harvard Medical School
- Panelist, “Lawyers’ Liability to Nonclients,” Boston Bar Association Continuing Legal Education, 1996
- Panelist, “Anatomy of a Jury Trial,” (MCLE, Inc. 1994)
- Presenter, “The Admissibility of ‘Reenactment’ Evidence,” Product Liability Advisory Council Meeting, 1994
- Boston Bar Association
- Massachusetts Bar Association
- Defense Research Institute
- Harvard Law School Trial Advocacy Program
- Massachusetts Continuing Legal Education, Inc., lecturer on trial practice and product liability issues
April 04, 2014 -
SRBC Lawyers Win Dismissal of "False Alarm" Product Suit
SRBC's David Barry and Gwen Nolan King have obtained a victory for an SRBC client in a product-liability case attempting to link an automobile accident to a false alarm at a school. The plaintiff in the case was seriously injured while attempting to cross a roadway, when he was struck by a police ...
November 11, 2013 -
David A. Barry Appointed Vice Chair of ACTL Emil Gumpert Award Committee
SRBC partner David Barry has been appointed to serve as vice-chair of the American College of Trial Lawyers' Emil Gumpert Award Committee for 2013-14. The Emil Gumpert Award is made in honor of the late chancellor and founder of the American College of Trial Lawyers. The award recognizes programs, public ...
October 22, 2013 -
25 SRBC Lawyers Recognized as Massachusetts Super Lawyers
Twenty-five lawyers from SRBC, more than in any prior year, have been included in this year’s edition of Massachusetts Super Lawyers. Super Lawyers annually publishes the results of a peer-survey and independent-research study designed to identify leading lawyers by ...
August 15, 2013 -
Fifteen SRBC Partners Named “2014 Best Lawyers” and Two Ranked “Lawyer of the Year”
Fifteen SRBC partners have been ranked at the top of their profession,
including two partners earning special recognition as “Lawyer of the Year,” in
the 2014 edition of The Best Lawyers in America. Best Lawyers
is the oldest peer-review publication in the legal ...
July 12, 2013 -
Supreme Judicial Court: In-Firm Communications Are Privileged
Entering what it acknowledged were “uncharted jurisprudential waters,” the Massachusetts Supreme Judicial Court on July 10 became the first last-resort appellate court anywhere in the United States to address whether the attorney-client privilege applies to communications between lawyers in the same ...
October 24, 2012 -
22 SRBC Attorneys Recognized as "Super Lawyers"
Twenty-two SRBC lawyers have been listed among the top attorneys in Massachusetts in the annual Super Lawyers rankings.
September 12, 2012 -
Fifteen SRBC Lawyers Named Best Lawyers in America
Fifteen of SRBC's partners have been selected for inclusion in the 2013 edition of The Best Lawyers in America. Best Lawyers calls itself “the definitive guide to legal excellence in the United States.” The publication annually ...
August 01, 2012 -
First Circuit Win for Volkswagen and Audi
In a major victory for SRBC clients Volkswagen and Audi, the United States Court of Appeals for the First Circuit has overturned a lower court's award of $30 million in attorneys' fees to lawyers who represented a class of plaintiffs in litigation involving alleged engine defects in certain VW and Audi ...