David J. Cutshaw

Meet David

Attorney David J. Cutshaw retired in 2026 after nearly 45 years of practicing law, all of which were at CohenMalad, LLP where he was an Equity Partner and served as Chair of the Medical Malpractice group.

David concentrated his practice in the areas of medical malpractice litigation; class action litigation; complex litigation; and commercial litigation. He tried several jury trials. Most of his jury trials were in the area of medical malpractice litigation.

David’s medical malpractice work included litigation against former Merrillville ENT surgeon, Mark Weinberger. David obtained a global settlement for more than 280 plaintiffs in claims of medical malpractice, unnecessary surgery, and patient abandonment. 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 was named as an Indiana Super Lawyer every year from 2004-2026 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.

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Practice Areas

• Medical Malpractice
• Personal Injury
• Business Services, Real Estate & Business Litigation

Education

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

Indiana Super Lawyers, Thomson Reuters, 2004-2026, Top 50 List 2016
Indiana Local Litigation Star, Benchmark Plaintiffs, 2013-2015
Distinguished Barrister, Indiana Lawyer Newspaper, 2013
Best Lawyers, Woodward/White Inc., — Personal Injury Litigation- Plaintiffs; Mass Tort Litigation/Class Actions- Plaintiffs; Medical Malpractice- Plaintiffs 2014-2021

Professional Memberships

BAR ASSOCIATION MEMBERSHIPS

Indiana State Bar Association

• Member Since: 1982-2025

Indianapolis Bar Association

• Member Since: 1982-2025

Indiana Trial Lawyers Association

• Member Since: 1998-2025

7th Circuit Bar Association

• Member Since: 1984-2025

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

• 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)