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- David J. Cutshaw

(Retired) Former Equity Partner & Chair

# David J. Cutshaw

David J. Cutshaw

## Meet David

Attorney David J. Cutshaw [**retired in 2026**](https://cohenandmalad.com/news/david-cutshaw-retires) 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)

## News & Alerts

- Founded in 1968

- Topping the Super Lawyers and Best Lawyers lists

- Wide range of legal services

"The problems of our clients are our problems — not a billing opportunity."

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CohenMalad, LLP — [https://cohenandmalad.com/attorneys/david-j-cutshaw](https://cohenandmalad.com/attorneys/david-j-cutshaw)