David’s practice focuses primarily on health care and professional liability defense, along with other areas of casualty litigation, premises liability, products liability, toxic tort, and administrative law. David represents physicians across a wide range of specialties, as well as mid-level providers, hospitals, physician groups, dentists, therapists, chiropractors, and other health care providers. He defends providers across the state both before medical review panels and in subsequent litigation at the trial court and all appellate levels. He represents businesses, insurers, and insureds in defending a wide range of casualty and personal injury claims, as well as analyzing and advising on insurance coverage issues. He also represents and advises emerging businesses in connection with drafting, negotiation, and performance of contractual agreements, regulatory compliance, and general business advice.
David has obtained favorable results before a wide range of medical review panels, in state and federal trial courts, courts of appeal, and the Louisiana Supreme Court. He was once highly proficient in Latin and moderately proficient in Ancient Greek and Spanish.
Monica Sebble v. St. Luke Living Center – David was hand-picked to prepare and file an Amicus Brief with the Louisiana Supreme Court on behalf of several state-wide medical organizations (the Louisiana Hospital Association, the Louisiana State Medical Society, the Louisiana Orthopaedic Association, and MedicineLouisiana, Inc.) collectively representing thousands of physicians and health care facilities of all sizes, regarding an issue of crucial importance impacting the liability of all health care providers across the state during times of public health emergency—harmonizing and applying the provisions of the Louisiana Medical Malpractice Act with the heightened, gross negligence standard established by the Louisiana Health Emergency Powers Act (LHEPA).
In re Medical Review Panel of Ashley Babin – David was successful in obtaining a pre-panel dismissal of a medical malpractice claim against his client based on a minor but critical error on the plaintiffs’ attorney’s part—filing the complaint in the name of the deceased patient rather than in the name of the surviving family members. The plaintiffs tried all manner of legal gymnastics to avoid this outcome, but the Louisiana Fifth Circuit agreed with David’s procedural arguments and affirmed the trial court’s final dismissal of the claim, which the Louisiana Supreme Court also upheld.
In re Medical Review Panel of Pamela Fisher – By strategically waiting to seek a preliminary dismissal of the plaintiff’s premature lawsuit, brought before the medical review panel process had been completed, until after the deadline for the medical review panel complaint had passed, David was ultimately able to obtain a final dismissal of the entire malpractice claim. This favorable outcome was affirmed by the Louisiana Fourth Circuit on appeal.
Kimberly Phillips v. The Blood Center – David succeeded in defending The Blood Center against a lawsuit brought by a motorist whose vehicle was struck by a recent blood donor who passed out at the wheel. Although not technically a medical malpractice claim, David obtained an early dismissal of the suit by urging the court to apply the “gross negligence” standard set forth in the Louisiana Health Emergency Powers Act (LHEPA) as a bar to the plaintiff’s general negligence claims.
Shaunna Burrell v. University Medical Center – David successfully defeated the plaintiff’s post-panel lawsuit against a hospital client at an early stage based on the plaintiff’s failure to timely post a bond for the costs of the medical review panel. The trial court’s dismissal of the lawsuit, adopting David’s arguments in support of enforcing the deadline previously agreed to by plaintiff’s counsel in a consent judgment, was affirmed by the Fourth Circuit on appeal.
Jessie Gilbert et al. v. Metropolitan Life Insurance Company et al. – Applying a novel theory under the statutory abandonment rule, David succeeded in dismissing the over-20-year-old asbestos exposure claim filed by one of over a hundred plaintiffs whose action was severed from the other parties’ claims. The dismissal was upheld on appeal by both the Louisiana First Circuit and the Supreme Court.
Willie Evans v. Tarun Jolly, M.D. – David succeeded in reversing a default judgment rendered against the defendant physician and subsequently obtained summary judgment dismissing the action.
Aimee Lasseigne v. East Jefferson General Hospital et al. – David obtained a trial court ruling dismissing all claims against multiple physicians as untimely. When the plaintiff sought to appeal the dismissal, David succeeded in obtaining dismissal of the appeal as well.
Donna Simmons et vir v. Van Meter Emergency Physicians, APMC – David obtained summary judgment dismissing a hospital-employed nurse’s lawsuit against an ER staffing group arising from an assault on the nurse by a patient who had been admitted through the ER.
The Best Lawyers in America: Ones to Watch ©, New Orleans, LA, Medical Malpractice Law – Defendants, 2024
Super Lawyers – 2022 & 2023 Louisiana Rising Stars List, New Orleans, La – Personal Injury – Medical Malpractice: Defense
Louisiana Association of Defense Counsel’s Frank L. Maraist Award Finalist, 2021-2022
William L. Crowe, Sr. Scholar
Loyola Law Review, Member
Law Excellence Awards in Health Law, Administrative Law, Business Organizations, and Trial Advocacy
LSBA Corporate and Business Law Award
“Khammash v. Clark: More Bad News For Medical Malpractice Plaintiffs,” Loyola Law Review (60 LOY.L.REV.971), Winter 2014