David H. SmithOwner - Seattle
David Smith practices in the areas of defense and complex civil litigation. As part of his practice he conducts internal investigations on behalf of clients and represents companies and individuals on a broad array of criminal matters ranging from investigation through trial by jury. He also defends companies, their owners, and management in parallel civil litigation arising from allegations of misconduct.
Representative Healthcare Cases
- Obtained dismissal on summary judgment of civil RICO claim against teaching hospital and surgeon.
- Obtained dismissal of negligence claims against healthcare organization and psychiatrist arising from a juvenile patient’s stabbing of two classmates.
- Obtained decline of criminal prosecution of pain management physician accused of sexual misconduct by female patient. Successfully defended same physician in civil lawsuit which was settled without a finding of fault.
- Obtained decline of criminal prosecution of anesthesiologist accused of Indecent Liberties with a female patient by a co-worker.
- Obtained decline of criminal prosecution of physician accused of assisting patient in defrauding Washington Department of Labor & Industries.
- Obtained acquittal at trial of family physician accused of Medicaid fraud.
- Obtained acquittal at trial of foreign healthcare provider accused of Indecent Liberties by having sexual contact with a female patient during a treatment session.
Representative Environmental/Work Place Safety Cases
- Obtained dismissal of criminal charges against demolition subcontractor accused of releasing of asbestos into a hospital maternity ward. Dismissal obtained after codefendant general contractor had pled guilty to the same offense.
- Represented condo developer/general contractor in criminal investigation for violation asbestos disposal regulations. Defended same client in civil claims brought by former
employees for alleged exposure to hazardous materials.
- Represent metal fabricator/subcontractor accused of exposing employees to high levels of lead. Obtained resolution of investigation without imposition of administrative penalty or criminal charges and settled claims of lead exposed employees.
- Represent steel erection company accused of criminal negligence in death of an employee fatally injured in a fall.
- Represent well-drilling contractor accused of manslaughter based on a three-fatality motor vehicle accident involving one of the company’s mobile drilling rigs.
- Represent owners of demolition company accused of releasing asbestos during demolition of an abandoned food processing facility.
- Represent developer/general contractor accused of violating state asbestos regulations during condo conversion project.
- Co-Chair, Criminal Law Section, Federal Bar Association Western District of Washington, 2011
- Member, White-Collar Crime Committee, American Bar Association, 1990-present
- Chair, White-Collar Crime Committee, Defense Research Institute, 2002-2004
- "Potential Liability for Warrantless Blood Draws," Garvey Schubert Barer Legal Update, August 7, 2013.
- "Public Hospital Districts and Non-Healthcare Related Tort Claims for Damages: Is Your District Meeting All of the Requirements?," Garvey Schubert Barer Legal Update, April 28, 2011.
- "The Washington Supreme Court Allows Private Lawsuits Against Health Care Providers Who Do Not Report Suspected Child Abuse," Garvey Schubert Barer Legal Update, February 2011.
- "Federal Government Establishes Interagency Financial Fraud Enforcement Task Force," Garvey Schubert Barer Legal Update, December 2, 2009.
- "Employers Are Targeted by ICE's New Enforcement Initiative," Garvey Schubert Barer Legal Update, November 20, 2009.
- "Increased Risk of False Claim Act Investigations and Litigation," Garvey Schubert Barer Legal Update, July 30, 2009.