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David Michael Oddo

Attorney Profile

Top Rated Medical Malpractice Attorney in New York, NY

Oddo & Babat, P.C.
8 West 38th Street, 10th FL
New York, NY 10018
Phone: 646-905-8979
Fax: 212-642-0953
Selected to Super Lawyers: 2021
Licensed in New York Since: 1990
Practice Areas: Personal Injury - Medical Malpractice: Plaintiff (70%), Personal Injury - General: Plaintiff (30%)
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Attorney Profile

Attorney David Michael Oddo is a partner with Oddo & Babat, P.C., law firm in New York, New York. A top-ranked trial lawyer with more than 32 years of experience, Mr. Oddo provides exceptional counsel and support to clients across his region who have suffered a serious injury or lost a loved one due to another party's negligent, careless or unlawful actions. He has recovered substantial settlements and verdicts for those adversely affected by medical malpractice and other preventable tragedies. Mr. Oddo has the distinction of obtaining the largest medical malpractice settlement in New York State in 2020 according to, securing $15 million for his client who was injured as the result of the failure to timely diagnose a stroke . 

Mr. Oddo has gained a reputation as a staunch advocate for the rights of childhood sexual abuse victims, and he has handled many cases across the country against clergy, scout masters and other adults in a position of authority who are accused of sexually abusing children. He has also handled a number of high profile civil and criminal cases throughout New York state, and he has earned national recognition for his impeccable professionalism and service.

Among his most notable accolades, Mr. Oddo received designation as among the Top Lawyers Northeast and Top Lawyers New York from Arrive Magazine, and City and State Magazine named him among the 50 Over 50 of influential and distinguished New Yorkers. He has also received many other top rankings and endorsements from his peers as well as Superb, 10 out of 10 client ratings on Avvo.

Mr. Oddo obtained his Juris Doctor from Touro College's Jacob D. Fuchsberg Law Center in 1989, and he served as editor of the Touro Law Review. For the first several years of his career, he served as a state prosecutor in the Nassau County District Attorney's Office. He holds his license to practice in Connecticut and New York, and he is admitted to practice before the U.S. District Court for the Southern and Eastern Districts of New York as well as the Supreme Court of the United States.

A leader in his field, Mr. Oddo is a Past President of the New York State Trial Lawyers Association, where he has served in a number of other leadership roles. He is also a fellow with the prestigious American Bar Foundation, and he is an active member of many other local, state and national legal organizations. He has also appeared on various television and radio programs, where he has offered in-depth legal commentary on a variety of topics.

Practice Areas
  • 70%Personal Injury - Medical Malpractice: Plaintiff
  • 30%Personal Injury - General: Plaintiff
Focus Areas

Medical Malpractice, Birth Injury, Delayed or Incorrect Diagnosis, Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Brain Injury, Premises Liability - Plaintiff


1 Years Super Lawyers
  • Super Lawyers: 2021

About David Michael Oddo

First Admitted: 1990, New York

Professional Webpage:

Educational Background

  • Editor, Touro Law Review, 1988-1989. , 1988
  • B.A. Political Science/History, SUNY Cortland, 1986

Pro bono/Community Service

  • 9/11-Trial Lawyers Care Pro bono representation of 6 victims of the 9/11 terrorist attacks, totaling over $3 Million.   , 2001
  • Regularly provide pro bono services (2000-2020) each year. Performed over 40 hours of pro bono services during the pandemic. Involved in many community service endeavors, including food drives and voter registration., 2020



  • NYSTLA's highest honor "for devotion, dedication and sacrifice in furtherance of civil justice." , President's Award, New York State Trial Lawyers Association, 2019
  • City and State Magazine named Mr. Oddo to its Law Power 50 List, recognizing the most influential lawyers in law and politics in New York State. , Law Power 50 List, City and State Magazine, 2018

Other Outstanding Achievements

  • Published Op-Ed in The Hill warning of defective products and the role of the Consumer Safety Commission., 2019
  • NYLJ Article/Interview:, 2018

Bar/Professional Activity

  • Co-Chair, Child Victims Act Committee, New York State Trial Lawyers Association (NYSTLA) 2020-21, 2020
  • Faculty/Featured Speaker, NJAJ Boardwalk Seminar, May 2019. Presented lecture on voir dire as part of the Personal Injury: An Orchestra of Advocacy program during New Jersey Association of Justice's annual 3-day statewide CLE seminar in Atlantic City., 2019
  • Moderator/Presenter, Weekend With The Stars, AAJ CLE Seminar in NYC. Lead discussions and presentations with the top trial lawyers in the country for this weekend long national trial CLE program. , 2019
  • President, New York State Trial Lawyers Association (NYSTLA) 2018-19. Advocated and lobbied for a number of civil justice issues in Albany and Washington, DC. Head of statewide trial bar association. , 2018
  • Co-Chair, Legislative Committee, 2017-Present, New York State Trial Lawyers Association, 2017
  • President-Elect, New York State Trial Lawyers Association (NYSTLA), 2017
  • Dean, New York State Trial Lawyers Institute (NYSTLI) 2017-2019. NYSTLI has been providing legal education for trial lawyers, both live and taped, since 1986. It has been an accredited provider of Continuing Legal Education (CLE) since it became mandatory for New York attorneys in 1998. The faculty is composed of leading practitioners, academics, judges and other experts. , 2017
  • Vice Chair, NYSTLA Legislative Committee 2015-17., 2016
  • Fellow, American Bar Foundation 2016-present. The Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are recommended by their peers and elected by the Board of the American Bar Foundation. , 2016
  • Medical Malpractice Committee, 2014-Present, New York State Trial Lawyers Association. , 2014
  • Lecturer, New York State Trial Lawyers Institute (NYSTLI) 2013-Present. Numerous lectures: Economic Damages; Medical Malpractice Trial Bootcamp; Trial of The Medical Malpractice Case; Use of Biomechanical Experts and Evidence for NYSTLI. , 2013
  • Director, Board of Directors, New York State Trial Lawyers Association (NYSTLA) 2010-present., 2010
  • Trial Lawyers Care Pro Bono Project 2001-2003 (ATLA). Provided legal representation for victims before the September 11th Victim Compensation Fund of 2001.  See pro bono below., 2001
  • Lecturer, Nassau Academy of Law, Criminal Procedure. Invited to present prosecutor's view of plea bargaining at a county bar association criminal law seminar. , 1993
  • Assistant District Attorney, Nassau County, NY 1989-1993. , 1989


  • R.V. v. Local Hospital $15 million settlement at mediation for 40 year old father of 2 who suffered a pontine stroke as the result of the defendant's failure to diagnose and timely treat plaintiff with tPA. Plaintiff confined to wheelchair and unable to communicate verbally. According to, it is the highest medical malpractice settlement in New York State in the year 2020. , 2020
  • R.J., an infant, v. NEW YORK CITY HEALTH AND HOSPITAL CORP.,  $2 million settlement at trial for infant-plaintiff who was injured during his birth causing right brachial palsy with nerve damage. The defendant, negligently failed to deliver the infant via Caesarian Section, which was medically indicated due to the infant’s size and weight. Infant plaintiff sustained nerve injury limiting the use of his hand., 2019
  • The Estate of A.F., v. Huntington Hospital, $960,000.00 medical malpractice settlement at mediation for wrongful death and brief period of pain and suffering arising out of the failure to diagnose and treat stroke in a 68 year old man. This is a partial settlement at this point, as there is a remaining physician co-defendant. , 2018
  • Estate of J.A., v. Brooklyn Hospital Center. Case settled during jury deliberations after a 2 month trial for $2.7M for wrongful death of 48 year old man who died after bariatric surgery, as the result of an anastomotic leak. He left a wife and 5 children., 2017
  • In the Matter of the Claim of J.M., Administrator of the Estate of R.M., and companion case v. City of NY in Court of Claim. Settled Wrongful Conviction case v. the City and NY State for $1.4 Million. Case was featured in the Brooklyn D.A.'s 2020 report on Wrongful Convictions.  , 2017

Industry Groups

  • Birth Injury
  • Childhood Sexual Abuse
  • Wrongful Death
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Office Location for David Michael Oddo

8 West 38th Street
10th FL
New York, NY 10018

Phone: 646-905-8979

Fax: 212-642-0953

Last Updated: 8/2/2021

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