Many persons injured by vaccines are unaware that they have the legal right to be compensated for their injuries. The federal government operates a program called the Vaccine Injury Compensation Program (“VICP”). VICP provides compensation to people that are found to be injured by certain vaccines. The program is funded by the pharmaceutical companies through the sale of the vaccines.
Anyone person that has been injured following the administration of a vaccine that is covered by VICP is entitled to file a claim with the VICP. Additionally, parents or guardians of children or disabled adults that have been harmed by a vaccine that is covered by VICP may file claim with VICP on behalf of their injured child or injured disabled adult.
Dave has represented numerous governmental entities, including water districts, cities, fire departments, road departments, and police officers. He has handled a variety of cases for governmental entities, such as water disputes, development disputes, employment cases, civil rights litigation, and flooding cases.
Dave has represented scores of canal and irrigation companies, water conservancy districts, and public water entities. Such cases include issues such as water rights disputes, water delivery systems, forfeiture claims, interference claims, condemnation proceedings, contracts, and liability cases based on flooding or personal injury. He also handles many cases involving canal safety issues.
Dave has represented contractors, owners, engineers, and construction managers in suits involving personal injuries, construction defects, and contract issues such as indemnification and tenders of defense. He is the author of the American Law Firm Association's chapter on Utah Construction Law.
Dave has represented plaintiffs and defendants in personal injury suits based on premises liability, product liability, and professional negligence. He is one of the few Utah attorneys admitted to the United States Court of Federal Claims handling vaccine injury cases.
Admitted to Utah State District Courts
Admitted to Federal District Court for the District of Utah
Admitted to the 10th Circuit Court of Appeals
Admitted to Bar of the United States Court of Federal Claims
Admitted to United States Supreme Court
Haik v. Town of Alta, 176 F.3d 488 (10th Cir. 1999). Successful representation of town regarding development disputes over available water.
Blackner v. UDOT, 48 P.3d 446 (Utah 2002). Successful representation of town marshal regarding peace officer immunity.
DeVillier v. Utah County, 882 P.2d 1161 (Utah App. 1994). Successful representation of county regarding county's liability and immunity.
Lyon v. Burton, 5 P.3d 616 (Utah 2000). Successful representation of fire chief regarding personal liability of fire chief for accident that occurred in course and scope of his employment.
Steenblik v. Rasmussen, 906 P.2d 872 (Utah 1995). Successful representation of client regarding violation of Utah Securities Act.
DuBois v. Grand Central, 872 P.2d 1073 (Utah 1994). Successful appellate defense of trial court’s dismissal of all claims against client on a wrongful termination claim.
Qwest Corp. v. Tetra Tech, 438 F.Supp. 1321 (Utah 2006). Obtained dismissal of all claims against client, an international engineering/construction company.
Doyle v. Lehi City, 2012 UT App 342. Successful appellate defense of trial court’s dismissal of civil rights claims against clients, city officials, based on qualified immunity.
Haik v. Town of Alta, 567 Fed. Appx. 621 (10th Cir. 2014). Successful appellate defense of trial court’s dismissal of civil rights and civil conspiracy claims against client, the Town of Alta, and the town’s administrator.
Jenkins v. Jordan Valley Water Conservancy District, 2013 UT 59. Successful appellate defense of water conservancy district against property damage claims, overturning Utah Court of Appeals.
Salt Lake City v. Big Ditch Irrigation Co., 2011 UT 33. Successful defense of irrigation company, allowing company to seek changes to its use of water.
Pyle v. Woods, 874 F.3d 1257 (10th Cir. Nov. 1, 2017) Successful defense of trial court dismissal based on qualified immunity.
Canal Safety and Officer/Director Liability, Duchesne County Water Summit, 2010.
American Law Firm Association, Compendium of Construction Law, 2007, 2009, 2012.
Utah Fit Premises Act, Utah Law Review, 1991.
The Grey Area of EIS Mitigation, Journal of Energy Law and Policy, 1989.
Utah State EMT Convention, Operation of Emergency Vehicles and Medical Malpractice, 2002.
B.A., Business, University of Utah, 1984, cum laude.
Juris Doctorate, University of Utah, 1991, William P. Leary Scholar, Law Review Development Editor, Teaching Assistant for Legal Writing.
- Dave and his search dog Cowboy featured in "Wirth Watching" story about their rescue efforts during the days and weeks after 9/11, as well as their special bond with one another.