Rusty Arbaugh

Rusty Arbaugh is an experienced trial lawyer and Member of the Maryland Bar since 1993.  Rusty concentrates his practice primarily in the areas of medical malpractice, product liability, toxic torts, wrongful death, pharmaceutical and medical device litigation.  Rusty has tried cases before judges and juries in both state and federal courts, and has taken thousands of fact and expert witness depositions in his career.  He has represented various clients, including companies involved with pharmaceutical products, medical device products, automotive equipment, commercial delivery systems, vertical and horizontal transportation, and industrial machinery.  Rusty has substantial experience in matters involving breach of contract, design defects, securities and accounting fraud, class certification, wrongful termination, trade secrets and misappropriation of intellectual property, failure to warn, breach of warranty, fraud and general negligence claims.

Rusty has effectively represented individuals injured as a result of a doctor’s failure to properly diagnose or treat medical conditions, a doctor’s failure to use proper tools during medical procedures, and a doctor’s improper prescription of medication. In addition to medical malpractice, Rusty has also successfully represented clients injured due to general negligence, including the estate of an individual who was killed as a result of a property owner’s failure to remedy dead and dangerous trees on its property. In addition to medical malpractice and wrongful death matters, Rusty has successfully handled numerous motor vehicle collisions involving individuals severely injured due to the negligent and careless driving of others. Rusty has also successfully represented numerous individuals who were blinded by the negligent prescribing and monitoring of the drug Plaquenil.  

Rusty regularly provides pre-litigation analysis and advice to clients with an emphasis on pre-litigation planning and expert witness development.  Rusty has advised clients on scientific and medical strategy, mass tort class action discovery, factual case development, company and expert witness preparation, and trial and MDL strategy development for false advertising and warning claims.  Rusty has also worked as a consultant to pharmaceutical companies on regulatory, compliance, NDA, and FCPA matters.

Rusty graduated from the University of Maryland Law School in 1993 and was the recipient of two American Jurisprudence Awards (for highest grade in the law school) in Creditors’ Rights and Sales and Secured Transactions.  Following law school, Rusty served as the law Clerk for Judge Alfred T. Truitt and Judge D. William Simpson in the Circuit Court of Maryland for Wicomico County.  Rusty worked as a defense attorney for one of the largest law firms in the world for 18 years prior to joining Smith, Gildea & Schmidt in 2015. In that capacity from 1996-2015, Rusty defended numerous pharmaceutical companies, hospitals, doctors, medical device manufacturers and transportation companies.