Brian N. Eisen
Location: Cleveland, Ohio
E-mail: E-mail Me
I am an experienced, successful trial attorney dedicated to helping families hurt by the negligence of medical professionals. I hold doctors, hospitals, and other medical providers accountable for their preventable mistakes. While I cannot undo the harm you have experienced, I can help provide you answers to what went wrong and obtain funds to help compensate you and to pay for your future care.
Many people ask me why a Harvard educated lawyer (cum laude 1992) would spend his legal career in the field of medical malpractice. To them, it is a complicated field and financially risky to boot. You have to put your own money at risk, the laws are stacked against you, and you don’t get paid if you lose. A very safe and lucrative job on Wall Street was available to me, and people don’t often turn down those kinds of jobs.
The answer is a little outward looking and a little selfish. I get a tremendous amount of satisfaction knowing that I have helped someone who might not otherwise have been able to navigate the medical and legal worlds. I enjoy standing up for the little guy. I majored in neurobiology while I attended Harvard University (magna cum laude and Phi Beta Kappa, 1988) as an undergrad. I always liked the sciences. But I grew up in a family of attorneys and found that I like the challenge of both figuring out the medicine of a case and pulling together the strategy of the law. It really is a perfect match for me.
The other aspect of my work that I love is the ability to delve deep into my cases. I only take on a few cases at a time. This fits my personality, and I believe it helps my clients. I work on each case in the office; I do the work. I don’t use clerks or paralegals or others to do my work.
I was not always a medical malpractice attorney. Right out of Harvard Law, I was a law clerk for the United States Court of Appeals for the 9th Circuit. Living in Seattle was wonderful, and the experience I gained as a law clerk was invaluable. I then spent three years as a trial attorney for the United States Department of Justice in Washington, D.C., where I prosecuted white collar fraud cases all over the country. For those of you old enough to remember the “Marlboro Man,” I was responsible for ejecting him from stadiums and arenas around the country. This experience whet my appetite for taking on big, well-funded organizations. Now, instead of fighting the tobacco companies or the pharmaceutical industry, I fight large hospital chains, insurance companies, and individual doctors. I do not back down.
My legal work now is focused exclusively on medical negligence: birth injuries, brain and spinal cord injuries, surgical and hospital mistakes, diagnostic and treatment errors and, of course, wrongful death. I have tried several multi-million dollar cases and received numerous verdicts and settlements on behalf of my clients. Although most of my cases are in Ohio, I have tried cases in other states, too. I have also won cases in the Court of Appeals and the Supreme Court of Ohio. I am licensed in Ohio and Washington, D.C. I have the highest ratings from multiple ratings agencies like Martindale Hubbard, Super Lawyers, and AVVO, and I am an active member of the American Association for Justice, the Ohio Association for Justice, and the Cleveland Academy of Trial Attorneys.
I spent many years as a member of the Ohio Board of Bar Examiners drafting questions and grading answers for the Ohio bar examination. I am also the past chair of the Medical Negligence Committee of the Ohio Association for Justice, and past president of the Cleveland Academy of Trial Attorneys. As a result of my leadership and the results I have achieved for my clients, I am often invited to speak at seminars on litigation, trial procedure, and medical negligence.
When I have some free time, I enjoy attending my kids’ sporting events. When they were younger, I coached their baseball, softball, and soccer teams, too. I am an active volunteer for my community, supporting causes relating to sports and children with disabilities. I also enjoy riding my Harley. If you are in the Cleveland area, Shaker Heights, or the neighboring community, you might see my wife and me out with our dog, teaching him a new trick or two with his red frisbee.
Enough about me. Now, tell me about your medical negligence case. Give me a chance to listen to your story and see if I can put my knowledge and experience to work for you.
- Ohio, 1992
- District of Columbia, 1994
- U.S. District Court Northern District of Ohio, 1998
- U.S. District Court Southern District of Ohio, 2005
- U.S. Court of Appeals 9th Circuit, 1992
- U.S. Supreme Court, 1996
- Harvard Law School 1992, Cambridge, Massachusetts J.D. cum laude Honors: Addison Brown Prize for Legal Writing Law Review: Environmental Law Review, 1990 - 1991
- Harvard College, Cambridge, MA B.A. magna cum laude - 1988 Honors: Phi Beta Kappa Major: Neurobiology
- Christ’s College Cambridge University, Cambridge, England - 1987 Major: Zoology
- Sports Litigation and the Conflict of Law, Seton Hall J. Sport Law, Vol 3 No.1, 1993
- Davis v. Wal-Mart - Spoliation of Evidence and Res Judicata, Ohio Trial Magazine, Vol. 13, Issue 2, 2002
- Davis v. Wal-Mart Stores, Inc., 93 Ohio St.3d 488 (2001)
- Barnish v. Neltner, et al., 06CVA-11-15448 (Franklin County Court of Common Pleas 2009)
- Hutchins v. Genito-Urinary Surgeons, Inc., et al., CIO2006-01474 (Lucas County Court of Common Pleas 2007)
- Spoliation of Evidence in Ohio, Cleveland Academy of Trial Attorneys
- Trial Problems: Multiple Defendants, Cleveland Academy of Trial Attorneys, 2005 - Present
- Successful Handling of Wrongful Death Cases, Lorman Education Services, 2003 - Present
Honors and Awards
- Ohio Super Lawyers, 2007 - To present
- Ohio Super Lawyers - Rising Star, 2006
- Million Dollar Advocates Forum, 2005 - Present
- Appointed to Ohio Supreme Court Board of Bar Examiners, 2001 - 2008
Professional Associations and Memberships
- Board Certified Patient Advocate, 2020 - Present
- Ohio Association for Justice, Trustee, 2006 - 2010
- Ohio Association for Justice, Medical Negligence Section, Chair, 2006 - 2009
- Ohio Association for Justice, Member, 2001 - Present
- Trial Lawyers for Public Justice, Member, 2002 - Present
- Cleveland Academy of Trial Attorneys, President, 2010 - 2011
- Cleveland Academy of Trial Attorneys, Trustee, 2002 - Present
- American Association for Justice, Member, 1998 - Present
Past Employment Positions
- Trial Attorney, U.S. Department of Justice, 1993 - 1996
- Law Clerk, U.S. Court of Appeals 9th Circuit, 1992 - 1993