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David Barry
Co-Chair, Medical Malpractice & Personal Injury Group
Co-Chair, Professional Liability Group

David A. Barry

Partner

617.227.3030
barry@sugarmanrogers.com
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David Barry
Co-Chair, Medical Malpractice & Personal Injury Group
Co-Chair, Professional Liability Group
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David has achieved outstanding results for clients throughout the northeast (and in Canada) in practice areas including product-liability defense, legal-malpractice defense, and plaintiff’s medical malpractice and catastrophic personal injury.

David’s extensive experience in handling complex disputes derives from his having represented manufacturers of a broad range of industrial and consumer products, including automobiles and other motor vehicles, bicycles, power tools, heavy equipment, electrical components, drugs and medical devices, and many others.

David has served as lead counsel in hundreds of cases in the state and federal courts of Massachusetts and other New England states. He has successfully tried more than sixty-five cases, most of them before juries. He is attentive to each and every matter, and carefully controls the number of cases he accepts at one time to ensure he can maintain this focus.

Throughout his career David’s trial practice has included advocacy for both plaintiffs and defendants. This cross-disciplinary experience adds tremendous perspective to David’s preparation of a case for trial, or his negotiations with an opposing lawyer. Clients also appreciate David’s ability to communicate complex technical information to juries, and his marshaling of facts and evidence into a compelling narrative to support his client’s position.

David is co-author of a series of frequently cited articles on legal malpractice law in Massachusetts. He has served as an expert witness in a number of legal malpractice cases, and he has appeared as a panelist at continuing legal education programs on professional responsibility of lawyers.

David has also lectured and appeared as 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.

More about David

Professional Affiliations
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  • Boston Bar Association
  • Defense Research Institute
  • Massachusetts Continuing Legal Education, Inc., lecturer on trial practice and product liability issues
Writing & Speaking
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  • Co-Author: “Massachusetts Legal Malpractice Law: A 2016 Update” Massachusetts Law Review (forthcoming)
  • Co-Author: “Are In-Firm Communications About a Current Client Privileged?” Boston Bar Journal, Spring Issue, 2013
  • Co-Author: “Massachusetts Legal Malpractice Cases 2000-2009” 93 Massachusetts Law Review 321 (2011)
  • Co-Author: “Prevailing in Failure-To-Diagnose-Cancer Cases,” Massachusetts Lawyers Weekly, October 15, 2001
  • Author: “Kumho Tire Update 2001,” (MCLE, 2001)
  • Co-Author: “Legal Malpractice Law in Massachusetts: Developments 1993-2000,” 85 Mass. L. Rev. 2 (2000)
  • Co-author: “Top Court Treats Professional Liability as Other Cases,” The National Law Journal, September 13, 1999
  • Author: “Fen-Phen and Redux Litigation, the Defense Perspective,” Fen-Phen and Redux Litigation (MCLE, 1998)
  • Author: “Legal Malpractice in Massachusetts: Recent Developments,” 78 Mass. L. Rev. 74 (1993)
  • Author: “Evidential Considerations in Product Liability Cases,” published in The Best of MCLE Journal, Vol II, No. 1 (1990)
  • Author: “Legal Malpractice in Massachusetts,” 63 Mass. L. Rev. 15 (1978)
Honors
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  • Fellow, American College of Trial Lawyers (Chair, Emil Gumpert Award Committee, 2015-Present; Vice-Chair, 2014-2015; Member, 2011-2014)
  • Fellow, International Academy of Trial Lawyers
  • American Board of Trial Advocates
  • The Best Lawyers in America (Product Liability Litigation-Defendants, Medical Malpractice Law-Plaintiffs) 2007-2017
  • The Best Lawyers in America, “Lawyer of the Year” (Product Liability Litigation-Defendants) 2015
  • Massachusetts Super Lawyers (General Litigation, Personal Injury Defense: Products) Boston magazine, 2005-2016; “Top 100 Lawyers in Massachusetts,” 2007-2014, “Top 100 Lawyers in New England,” 2007-2013
  • Rated AV Preeminent by Martindale-Hubbell
  • Benchmark Litigation “Litigation Star” (Plaintiff) Massachusetts, 2013