David B. Gazak Ph.D.

David B. Gazak Ph.D.

Managing Partner
Location:
Louisville, Kentucky
Phone:
502-412-5020
866-672-9667 (Toll-Free)
Fax:
502-412-1004
Email:

Senior partner of Gazak Brown, P.S.C., Mr. Gazak has personally devoted 100% of his legal career to the defense representation of physicians sued in medical malpractice lawsuits. Crossover components to his experience involve physician prescribers of medications deemed to be defective by manufacturing pharmaceutical companies. He has extensive experience in medical malpractice litigation throughout the Commonwealth of Kentucky. He has also participated via pro hac vice status as a defense attorney in states outside of Kentucky, including Tennessee, Indiana, and South Dakota.

EXEMPLARY DEFENSE VERDICTS AT TRIAL:

Neurosurgery:

Nerve injury from pedicle screw misplacement
Nerve damage from PLIF pedicle fusion surgery

Anesthesia:

Intraoperative death during elective colorectal surgery

Obstetrics:

Maternal postpartum death from ruptured appendiceal abscess
Brachial plexus nerve injury following shoulder dystocia

Internal Medicine:

Cardiac injury following Niaspan overdose
Stevens-Johnson syndrome following accidental Lamictal overdose
Death following delayed diagnosis of Pancoast tumor

Neurology:

Vision loss following delay in treatment of diagnosed temporal arteritis

Emergency medicine:

Death following delayed diagnosis of viral myocarditis
Delayed diagnosis of appendicitis
Death following delayed diagnosis of aortic dissection
Death following delayed diagnosis of pulmonary embolism

Otolaryngology:

Post-operative death following uvulopalatopharyngoplasty

Family practice:

Injury following delayed diagnosis of colon cancer

General surgery:

Injury following laparoscopic Nissen fundoplication

Orthopedics:

Nerve damage following epicondylectomy

Extensive experience in cases involving brain damaged babies and in utero fetal demise:

• OB/GYN and maternal fetal medicine
• Fetal heart monitoring
• Placental pathology
• Genetics
• Pediatric neurology
• Pediatric neuroradiology
• Neonatology
• Pediatric neurosurgery

Extensive experience in strong medical causation defenses utilizing specialties in:

• Pathology
• Pharmacology/toxicology
• Infectious disease
• Pediatric neuroradiology
• Genetics

Extensive experience in cases involving:

• Cardiology/cardiothoracic surgery
• Mass tort litigation, bellwether trials
• Multidistrict litigation
• Litigation involving pharmaceutical corporations as co-Defendant
• Death from Fentanyl transdermal patch
• Suicide from Cymbalta
• Cancer from the immunomodulation Protopic
• Stroke from postpartum lactation suppressant, Parlodel

Extensive experience in complex medical and scientific diagnoses involving all medical specialties:

• Hypercoagulation disorders
• Inborn errors of metabolism
• Endocrinologic disorders
• Oncologic disorders
• Connective tissue disorders
• Neurologic disorders

Areas of Practice

  • 100% Medical Malpractice Defense

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • Kentucky, 1997
  • U.S. District Court Eastern District of Kentucky, 2000
  • U.S. Court of Appeals 6th Circuit, 1997
  • U.S. District Court Western District of Kentucky, 1997

Education

  • University of Louisville School of Law, Louisville, Kentucky
    • J.D. cum laude - 1997
  • University of Louisville, Louisville, Kentucky
    • Ph.D. summa cum laude - 1993
    • Major: Pharmacology and Toxicology
  • United States Army Armor School, Fort Knox, Kentucky - 1991
  • Bellarmine University, Louisville, Kentucky
    • B.A. magna cum laude - 1989
    • Major: Chemistry
    • Minor: Philosophy
  • United States Army, ROTC, University of Louisville, Louisville, Kentucky - 1989
  • St. Xavier High School, Louisville, Kentucky - 1985

Published Works

  • Effects of Uracil and 2, 3-Dihydroxypyridine on Hepatic Uridine Elimination. The Pharmacologist, Vol. 35, No. 3 Abstract #251, 1993
  • Kinetics of Uridine Elimination by the Isolated Perfused Rat Liver, The Pharmacologist, Vol. 35, No. 3 Abstract # 252, 1993
  • Pharmacologic Modulation of Hepatic Pyrimidine Metabolism, Doctoral Dissertation, University of Louisville Department of Pharmacology and Toxicology, Louisville, Kentucky, December, 1993

Representative Clients

  • Medical Protective Co.
  • Norton Healthcare Inc/Community Medical Associates
  • State Volunteer Mutual Ins. Co.
  • ProNational/ProAssurance Insurance Co.
  • KMRRRG
  • Mag Mutual Insurance Co.
  • Catholic Health Initiatives
  • The Doctor's Company
  • Hudson Insurance Co.

Classes/Seminars

  • Introduction to Legal Nurse Consulting, Bellarmine University, 2003 - 2004
  • Risk Management Seminar Speaker, The Medical Protective Company, Proassurance Insurance Company

Honors and Awards

  • Martindale-Hubbell Rating: A/V - top rating obtainable - Present
  • BEST Lawyer in America, 2009
  • Super Lawyers of America: 2009 - Present
  • Amoco Oil Co. Toxicology Scholarship, 1990 - 1993
  • Distinguished Military Student, 1989
  • Guaranteed Reserve Forces Scholarship: ARMY ROTC, 1988 - 1989

Professional Associations and Memberships

  • Kentucky Bar Association, 1997 - Present
  • Louisville Bar Association, 2015 - Present

Past Employment Positions

  • Darby and Gazak, P.S.C., Founding Partner, 1998 - 2016
  • Jacobson, Maynard, Tuschman and Kalur, Independent Research Contractor, 1994 - 1997
  • 223d Military Police Co., Kentucky Army National Guard, 1987 - 1989
  • Captain, U.S. Army Reserves, Commissioned Officer, Armor 100th Division USAR, Ft. Knox, Kentucky, 1989 - 1997