David S. Gray

David (DS) Gray represents manufacturers of a variety of products, including vaccines, pharmaceuticals, medical devices and construction materials, in personal injury litigation. From drafting complaints to pursuing appeals, Mr. Gray meticulously evaluates all available legal, procedural, factual and scientific avenues to empower clients to achieve their litigation objectives. He has written preliminary motions to force adversaries to dismiss or limit their claims. Having coordinated plaintiff-specific discovery in nationwide litigation, solicited favorable testimony in depositions taken throughout the Mid-Atlantic region, and used informal discovery techniques to secure game-changing evidence, he has spearheaded efficient, effective discovery to unearth weaknesses in those claims. He also has worked with experts in various fields, such as immunology, epidemiology, otolaryngology, regulatory affairs and hepatology, to translate the complex defenses to those claims into plain language.

Mr. Gray is equally adept at commercial litigation, often working through intricate issues of contract or insurance law. He has worked on behalf of large, institutional clients in a variety of industries, including banking, education, consumer products and steel, to protect their interests in pretrial, trial and appellate proceedings.

Mr. Gray does not limit his practice, however, to matters that cross the courthouse steps. He likewise works with Venable clients to assess, limit and account for their potential litigation exposure. By way of example, he has counseled clients about the advisability of proposed contractual terms, the safety of products in development, warnings to alert product users of potential hazards, and gaps in insurance policies purchased by for-profit and nonprofit clients.

Significant Matters

Currently represents a vaccine manufacturer in nationwide litigation involving allegations that a preservative in vaccines causes various neurological conditions and developmental delays.
Co-authored a successful motion to dismiss personal injury claims attributed to a client’s vaccine and based on a legal issue of first impression in the United States.
Co-authored a successful motion to dismiss personal injury claims attributed to a client’s vaccine based on the National Childhood Vaccine Injury Act of 1986.
Currently represents a manufacturer of an antiepileptic drug in nationwide litigation involving allegations of birth defect injuries.
Defended a major medical research institution and researcher against accusations of research fraud.
Co-authored a successful opposition to a motion to certify a nationwide class action of users of a client’s contraceptive product.
Counsels nonprofit organizations throughout the United States concerning various insurance coverage issues.
Co-authored a successful motion to dismiss a putative class action against a nationwide trade association based on alleged personal injuries resulting from the medical products used by its members.
Co-authored an amicus brief in support of a dismissal of personal injury claims against a statewide trade association, which the Court of Special Appeals of Maryland affirmed.
Defended a product manufacturer in regional litigation involving claims of hearing loss.
Co-authored a successful motion to dismiss punitive damages, fraud and breach of contract claims filed against a chemical manufacturer, which the plaintiffs subsequently dismissed.
Co-authored a successful motion for summary judgment in favor of a product manufacturer based on the doctrine of misuse—a decision that the Court of Appeals of Maryland ultimately upheld.
Co-authored a successful motion for summary judgment concerning the potential liability of an equipment manufacturer for personal injuries allegedly resulting from alleged asbestos-containing materials in replacement components affixed to the client’s products.

Activities
Mr. Gray serves on the board of directors for the Pro Bono Resource Center of Maryland. Mr. Gray’s significant matters for pro bono clients have included:

Representation of a criminal defendant challenging ballistics evidence admitted during his trial for first degree murder, co-authoring the briefs filed in the Court of Special Appeals of Maryland.
Representation of a nonprofit organization in a collection matter.
Representation of an Iraqi interpreter assisting American armed forces in seeking asylum in the United States.

Good to know

Areas of Practice 1) Appellate Litigation, 2) Class Action Defense, 3) Commercial Litigation, 4) Litigation and 5) Product Liability and Mass Torts
Law School University of Baltimore School of Law (J.D., 20000)
Admitted Year 1988
Education Frostburg State College (B.S.,1997)
Bar Member / Association Maryland State Bar Association
Most recent firm Venable LLP
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