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David A. Barry

Partner
(617) 227-3030
 

Education:

  • LL.B., Harvard Law School, 1968
  • M.A., Columbia University (with honors), 1965
  • B.A., Yale University (magna cum laude), 1963

Practice Areas:

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.

Recognition:

  • 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), 2007-2015
  • The Best Lawyers in America, Boston Lawyer of the Year (Product Liability Litigation - Defendants), 2015
  • Lawdragon 3000 Leading Lawyers in America, 2010, 2007 
  • Massachusetts Super Lawyers (General Litigation, Personal Injury Defense: Products), Boston magazine, 2005-2013; Top 100 Lawyers in Massachusetts, 2007-2013; Top 100 Lawyers in New England, 2007-2013
  • Rated AV® Preeminent™ by Martindale-Hubbell
  • Benchmark Litigation “Litigation Star” (Plaintiff), Massachusetts, 2013

Presentations:

  • 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

Memberships:

  • 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

Admissions:

  • Massachusetts
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Vermont
  • U.S. Court of Appeals for the First Circuit
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Related News:

August 18, 2014 -
Fourteen Partners Earned Title "2015 Best Lawyers" and One Partner Named "Lawyer of the Year"
Fourteen SRBC partners have been recognized by their peers for inclusion in The Best Lawyers in America© 2015. In addition, David Barry earned special recognition as "Boston Lawyer of the Year" for Product Liability Litigation-Defendants. ...
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April 30, 2014 -
David Barry Cited in Lawyers Weekly Article

SRBC partner David Barry is among the legal experts quoted in a Massachusetts Lawyers Weekly article entitled “...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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.

...
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Related Publications:

April 04, 2013 -
Are In-Firm Communications About A Current Client Privileged?
In the Boston Bar Journal's Spring 2013 issue, SRBC partners David Barry and William Boesch look at an issue that is currently the subject of a case before ...
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January 2011 -
Massachusetts Legal Malpractice Cases 2000-2009
Massachusetts Law Review has published the latest in a leading series of articles by SRBC partners David Barry and William Boesch  surveying developments in Massachusetts legal malpractice law.

   
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