David S. Waxman

David S. Waxman

Partner

Contact Info

Phone: (312) 876-7867
Fax: (312) 876-6267

Primary Office

Chicago
161 North Clark Street
Suite 4200
Chicago, IL 60601

David S. Waxman

Partner

David Waxman defends companies against products liability litigation, particularly allegations involving catastrophic injury. Businesses ranging from pharmaceutical and medical device manufacturers to the makers of household, consumer and industrial products have relied on David to handle these cases in state and federal courts nationwide. This includes both mass tort and multi-district litigation. David also counsels companies on how to minimize risks associated with defective product claims. His approach – both proactively and in court – involves developing a deep understanding of how products are made and how their formulation or design compares to industry practices. He also consults with his clients on marketing materials, product labels and instructions for use to help them minimize the risks of products liability litigation.

David brings more than 30 years of experience as a litigator and trial lawyer to these cases. His many years of handling medical malpractice claims inform his products liability work. His defense of medical providers has exposed him to a wide variety of medical conditions and the modalities used to treat them. Both of these elements are central to defending companies facing allegations that their products injured consumers. David understands that improving patient outcomes is the top priority for life science clients and physicians, and he has exhibited a steadfast commitment to defending them.

Experience

Medical Device and Pharmaceutical Claims

David has defended the manufacturers 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. He also has handled cases for the manufacturers of pharmaceuticals including antibiotics and antiepileptics.

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.
Household, Consumer and Industrial Product Claims

David has defended the manufacturers and retailers of a wide variety of household, consumer  and industrial products, including the manufacturers passenger buses, industrial presses, lawn mowers, bunk beds, bicycles and snow blowers.

Select representations include:

A manufacturer of a bus facing a product liability claim following a fatal fire aboard the vehicle.
A manufacturer of an HVAC timing system facing a failure to warn claim following a fatal hotel fire.
Medical Malpractice Claims

David regularly defends medical providers against allegations of catastrophic injuries causes by negligent medical care.

Selected representations include:

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.
A neurologist 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.
Designated lead counsel by a malpractice insurer for claims related to instrumented spinal fusions.

Credentials and Accolades

Honors and Awards

Selected for inclusion in Illinois Super Lawyers, 2005, 2007-2016, 2018

Named an Illinois Leading Lawyer, 2003-present 

 

 

 

 

Memberships and Affiliations

Illinois State Bar Association, former member of the council of Health Care Law Section

Defense Research Institute

Advisory Committee for the Chicago office of IU Advancement, dedicated to the support of Indiana University

Previously served as Illinois Senate Executive Committee, special counsel

Previously served as Chicago Public Schools local school council, elected member

 

Education

J.D., University of Pennsylvania, 1985

  • Champion, Keedy Cup Moot Court Competition
  • legal writing instructor

B.S., Indiana University, 1982, with distinction

  • Student body vice president
  • Stadelman Scholarship
  • University Committee on Intercollegiate Athletics

Bar Admissions

Illinois

Firm Management Positions

Products Liability, Co-Vice Chair

David Waxman defends companies against products liability litigation, particularly allegations involving catastrophic injury. Businesses ranging from pharmaceutical and medical device manufacturers to the makers of household, consumer and industrial products have relied on David to handle these cases in state and federal courts nationwide. This includes both mass tort and multi-district litigation. David also counsels companies on how to minimize risks associated with defective product claims. His approach – both proactively and in court – involves developing a deep understanding of how products are made and how their formulation or design compares to industry practices. He also consults with his clients on marketing materials, product labels and instructions for use to help them minimize the risks of products liability litigation.

David brings more than 30 years of experience as a litigator and trial lawyer to these cases. His many years of handling medical malpractice claims inform his products liability work. His defense of medical providers has exposed him to a wide variety of medical conditions and the modalities used to treat them. Both of these elements are central to defending companies facing allegations that their products injured consumers. David understands that improving patient outcomes is the top priority for life science clients and physicians, and he has exhibited a steadfast commitment to defending them.