Attorney Brian Cummings

Brian Cummings has 25+ years of litigation experience successfully handling and trying medical malpractice, personal injury, and car accident cases. He has obtained over $42,000,000.00 for his clients in just the past few years, which earned him a lifetime membership in the Multi-Million Dollar Advocates Forum. He has vast experience analyzing claims and facts to gain judgments and settlements for his clients. Brian enables his clients to focus on their daily lives by entrusting the litigation process to him. He only takes on select cases so that he can personally handle every aspect of that client’s important case.

Brian is Board-certified as a Medical Malpractice attorney by the American Board of Professional Liability Attorneys. He is 1 of only 15 attorneys in Tennessee who have earned this certification. Board-certification is awarded only after having your trial experience vetted and passing an extensive written exam.

He has been selected by SuperLawyers for 10 consecutive years as a plaintiffs’ attorney handling medical malpractice and personal injury cases (2015-2024).

In 2020, Brian was selected by U.S. Business News as the Best Medical Malpractice Attorney in the Southern United States. This award was earned based on his legal skills and his contributions to the legal profession.

Brian has the highest rating available for attorneys from Martindale-Hubbell, having been designated as AV Preeminent. The AV rating means a lawyer’s peers (attorneys/judges) rank him at the highest level of professional excellence. He also has the highest rating possible with Avvo-a 10.0 / Superb rating.

He is admitted to practice before the United States Supreme Court, the U.S. District Courts in Tennessee and Hawaii, and he is licensed to practice in Tennessee, Hawaii, California, Georgia, and Florida.

Brian has multiple jury trial successes, including a $1,100,000.00 jury verdict in a case in which the defense made no settlement offer prior to trial, and he has obtained strong settlements for his clients in a variety of other medical malpractice cases. He makes a point to develop themes and exhibits to share with juries to complement the concise, jury-friendly, and story-telling style he uses at trial. Brian speaks frequently at medical malpractice seminars by invitation, with the most common request being that he share with other lawyers his insight and experience regarding how to prepare and present the best arguments and stories to persuade juries.

EDUCATION

  • Vanderbilt University, J.D., 1998
  • Rutgers University, B.S., 1995
    • Honors Graduate

BAR ADMISSIONS

  • U.S. Supreme Court
  • Tennessee
  • Hawaii
  • California
  • Georgia
  • Florida
  • U.S. District Court, M.D. Tenn.
  • U.S. District Court, Hawaii

BAR ASSOCIATIONS/MEMBERSHIPS

  • Tennessee Bar Association
  • Nashville Bar Association
  • Hawaii State Bar Association
  • The State Bar of California
  • The Florida Bar
  • The State Bar of Georgia
  • Litigation Counsel of America

REPRESENTATIVE MATTERS

  • Prevailed in multiple medical malpractice jury trials, including involving an alleged failure to timely diagnose and treat a stroke, an alleged failure to properly perform cardiac bypass surgery, an alleged failure to properly treat a pre-operative patient at a hospital, and allegedly failing to properly treat a post-gastric bypass patient.
  • Obtained major settlements from a prominent, national retailer, a product manufacturer, and a separate insurance company in a products liability and negligence case that resulted in a young boy sustaining a traumatic brain injury.
  • Obtained a settlement in a Georgia matter involving workplace harassment against a young, female professional at a start-up technology company.
  • Obtained settlements in multiple consumer fraud actions in Tennessee, Georgia and in Hawaii regarding fraudulently represented diamonds, and which included and directly led to the dissolution of one of the world’s largest diamond certifying organizations.
  • Obtained summary judgment and voluntary settlement in separate breach of contract cases involving significant real estate transactions.

CERTIFICATIONS AND AWARDS

  • Multi-Million Dollar Advocates Forum, Lifetime Member. Brian is a member of the Multi-Million Dollar Advocates Forum, an organization whose membership is limited to trial lawyers who have won multi-million dollar verdicts and settlements. Selection is based on strict and objective standards, recognizing trial lawyers who “have each demonstrated, in an objective and tangible way, their ability to accomplish superior results in complex cases.” Fewer than 1 percent of lawyers in the United States are members.
  • Board Certified in Medical Malpractice. Brian is Board certified as a Medical Malpractice attorney by the American Board of Professional Liability Attorneys. He is one of only 10 attorneys in the entire state of Tennessee to earn this certification who represent Plaintiffs in medical malpractice cases. This Board certification is earned and achieved only after having your trial experience vetted and passing a written exam.
  • Best Medical Malpractice Attorney in the Southern United States. Brian was selected in 2020 by U.S. Business News as the Best Medical Malpractice Attorney in the Southern United States. This award was earned based on his legal skills and his contributions to the legal profession.
  • Selected by Super Lawyers for 10 consecutive years (2015-2024) for Medical Malpractice – Plaintiffs, a distinction reserved for fewer than five percent of attorneys in each state.
  • Admitted to practice before the United States Supreme Court. In 2016, Brian was admitted to practice before the United States Supreme Court after being personally administered the oral oath by Chief Justice John Roberts.
  • Rated AV Preeminent by Martindale-Hubbell. Brian has the highest rating available for attorneys. The AV rating means the lawyers peers, composed of judges and attorneys, rank him at the highest level of professional excellence.
  • Top 100 Trial Lawyers. Brian is a Member of the National Trial Lawyers: Top 100 Trial Lawyers. This is an invitation-only organization composed of the premier trial lawyers from each state who meet qualifications as a top plaintiffs’ lawyer. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior reputation, leadership, influence, stature, and public profile.
  • Fellow of the Litigation Counsel of America. Brian is a fellow of the Litigation Counsel of America. The LCA is an honorary society for trial lawyers composed of less than 1/2 of 1% of American lawyers. Membership is by invitation only. Brian is one of only ten attorneys in Nashville who have been extended membership. Selection is based on effectiveness and proven accomplishment in litigation as well as ethical reputation.
  • Fellow of the Nashville Bar Foundation. Most recently, Brian was named a Fellow of the Nashville Bar Foundation, an honor limited to 2% of the Bar and decided upon by other lawyers.
  • Licensed to Practice Law in Multiple States. Brian is licensed to practice law in Tennessee, Hawaii, California, Georgia, and Florida. Obtaining law licenses in five different states required him to sit for and successfully pass separate written bar examinations in different years in order to be available to clients across the country when requested. He is also admitted to practice law before all of the United States District Courts in Tennessee and in Hawaii, and before the United States Supreme Court.

SELECTED TENNESSEE APPELLATE CASES

  • Kelley v. Middle Tenn. Emergency Physicians, et al. (Tennessee Supreme Court 2004)
  • Smith v. Centennial Medical Center, et al. (Tenn. Court of Appeals 2005)
  • Watkins v. Affiliated Internists, et al. (Tenn. Court of Appeals 2006)
  • Geesling v. Livingston Regional Hospital (Tenn. Court of Appeals 2008)