David S. Waxman

David S. Waxman

Partner

Contact Info

Phone: (312) 876-7867
Fax: (312) 876-0288

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 orthopedic implants, motorized wheelchairs, cryotherapy devices, prosthetics components, bariatric lifts, spinal neurostimulators, contact lens solution, blood products, ophthalmologic lasers, surgical lasers, rolling walkers, antiseptic solution, hip and spinal implants, weight machines, tanning beds 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.
A manufacturer of antiseptic solution defending litigation after a product recall and an associated patient death.
A manufacturer of a laser used in a surgery that resulted in thermal injury to the patient’s spine.
A manufacturer of an implanted contraceptive device facing a product liability claim involving intrauterine injury.
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 of 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.
A manufacturer of electromechanical devices in a liability claim resulting from an employee’s catastrophic shop floor injury.
Commercial Litigation

Selected representations include:

A global manufacturing subsidiary that deals in specialized communication systems for hospitals and health care in a claim involving the termination of a local distributorship.
A medical device manufacturer in a contract claim that focused on whether a purchase order constituted a contract.
A medical device technology company in trade secret litigation arising from the departure of a key employee to a competing company.

Thought Leadership

No results.

Credentials and Accolades

Honors and Awards

Selected for inclusion in Illinois Super Lawyers, 2005, 2007-2016, 2018-2020

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

Former special counsel, Illinois Senate Executive Committee

Former elected member, Chicago Public Schools local school council

 

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 Involvement

Co-Chair, Product Liability

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.