David J. Cutshaw
David has concentrated his practice in the areas of medical malpractice litigation; class action litigation; complex litigation; and commercial litigation. He has tried several jury trials. Most of his jury trials have been in the area of medical malpractice litigation.
David’s medical malpractice work includes litigation against former Merrillville ENT surgeon, Mark Weinberger. David, as co-lead counsel, obtained a global settlement for more than 280 patients in claims of unnecessary sinus surgeries. He is also co-lead counsel in over 260 claims against an Indiana cardiology group which is alleged to have unnecessarily implanted pacemakers and defibrillators and performed unnecessary left heart catheterizations and stenting.
David has been named as an Indiana Super Lawyer each year since 2004 in the practice area of Class Action/ Mass Torts.
David has also been named a 2013 Indiana Local Litigation Star by Benchmark Plaintiffs for his work in Personal Injury, Medical Malpractice, Product Liability, and General Commercial litigation.
FEATURED PRO BONO ACTIVITIES
- General Counsel, Carmel United Soccer Club, 2004-2007
- Member of CUSC Board
David played football at the University of Indianapolis and thereafter played soccer for many years as a goalie. He later coached youth soccer and subsequently enjoyed watching his son play Division I soccer at Bradley University which advanced to the Elite 8 of the College Cup in 2007. He also very much enjoyed attending The Ohio State basketball games to watch his daughter dance as a member of the Dance Team. Remarkably he enjoys yard work. He also enjoys playing a few rounds of golf a year and playing golf with his wife who has taken up the game.
- Medical Malpractice
- Personal Injury
- Business Services, Real Estate & Business Litigation
LEGAL SPECIALTIES AND CERTIFICATIONS
- FINRA, Dispute Resolution Arbitrator, 2000 – 2015
Education & Awards
J.D., Indiana University School of Law-Indianapolis, 1982
B.A. English, Political Sciences, University of Indianapolis, 1978
- Four-year letter winner Track
- Two-year letter winner Football
AWARDS & HONORSIndiana Super Lawyers, Thomson Reuters, 2004-2023; Top 50 List, 2016
Indiana Local Litigation Star, Benchmark Plaintiffs, 2013-2015Distinguished Barrister, Indiana Lawyer Newspaper, 2013Best Lawyers, Woodward/White Inc., — Personal Injury Litigation- Plaintiffs; Mass Tort Litigation/Class Actions- Plaintiffs; Medical Malpractice- Plaintiffs 2014-2021
BAR ASSOCIATION MEMBERSHIPS
Indiana Trial Lawyers Association
- Member Since: 1998
JURISDICTIONS ADMITTED TO PRACTICE
- Indiana, 1982
- United States District Court for the Southern District Indiana, 1982
- United States District Court for the Northern District Indiana, 1982
- United Court of Appeals for the Seventh Circuit, 1984
Featured Cases & Articles
FEATURED CASES AND MATTERS
Prior results do not guarantee future outcomes. Case results vary dramatically depending on specific facts and circumstances.
- Weinberger, et al. v. Boyer, 956 N.E.2d 1095 (Ind. Ct. App. 2011), trans. denied
- Weinberger, et al. v. Gill, 2013 WL 372641 (Ind. Ct. App., Jan. 31, 2013)
- Time Warner v. Whiteman, 2004 WL 203444 (Ind.)
- Core Funding Group, LLC v. Young, 792 N.E. 2d 547 (Ind. Ct. App. 2003)
- Vandeventer v. All American Life & Cos., 101 S.W. 3d 703 (Tex.App. 2003)
- Associated Medical Networks, Ltd. v. Lewis, 785 N.E. 2d 230 (Ind. App. 2003)
- Stransky v. Cumins Engine Co., Inc., 51 F. 3d 1329 (7th Cir.1995)
- In re Greenwood Air Crash, 873 F. Supp. 1257 (S.D. Ind. 1995)
- Collins v. Covenant Mutual Ins. Co., 644 N.E. 2d 116 (Ind. 1994)
- Morey v. Bravo Productions, Inc. P.93554 Fed. Sec. L. Rep. (S.D.N.Y. 1987)
- American Cyanamid v. Stephen, 623 N.E. 2d 1065 (Ind. App. 1993)
- American Cyanamid v. Stephen, 600 N.E. 2d 1387 (Ind. App. 1992)
- Gregory v. Home Ins. Co., 876 F. 2d 602 (C.A. 7 (Ind.) 1989)
- Dudley v. Ski World Inc., 1989 WL 73207 and 73208 (S.D. Ind. 1989)
- Indiana Civil Trial Guide, Co-Author/Editor, Matthew Bender, 1992
- Numerous Articles for attorney CLE seminars regarding medical malpractice; class action; and securities litigation