The Eisen Law Firm - Attorneys Focusing Exclusively On Medical Malpractice
1300 East 9th Street, Suite 1801
Cleveland Oh 44114
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The Eisen Law Firm is proud of its many victories in the fight to obtain maximum compensation for individuals seriously injured by the negligence of others.

Some examples of those victories are described below:

$15,300,000.00 Verdict and Settlement – Wrongful Death

Danny T. died as the result of negligence. The details are confidential, but Danny's widow filed suit and received a multi-million-dollar verdict. That was, however, only the beginning. The defense appealed. Again, the widow won. Further litigation followed, including additional appeals. Attorney Brian Eisen worked relentlessly on this matter for several years. Eventually, his dogged persistence won out, and Danny's widow and family received a total award in excess of $15.3 million.

$10,600,000 Verdict – Spine Surgery Results in Quadriplegia

Libby Barnish was devastated when she was unable to move her legs after waking up from spine surgery. When two reputable law firms told her that it would be too difficult to prove that her injury was the result of medical negligence, she almost lost all hope. Then she came to the Eisen Law Firm.

To read about what happened to Libby, click here:

Columbus Dispatch

$8,000,000 Million Settlement – Failure to Diagnose Fetal Distress Results in Uterine Rupture and Cerebral Palsy

James was delivered by Cesarean section after his mother’s uterus ruptured during labor.

Confidential Settlement – Pregnancy Induced Hypertension (“Pre-Eclampsia”) Resulting in Maternal Neurological Deficits

Julie D was 25 weeks pregnant when she presented to the Labor and Delivery department of her local hospital with a headache and vision problems.

$4,250,000 Settlement - Delay in Stroke Diagnosis Results in Quadriplegia

Daphne West was evaluated by a nurse practitioner at the office of her family doctor. She complained of numbness in one arm and actually fainted in the office.

Confidential Settlement – Patient’s Heart Ripped in Half Following Heart Surgery

Mrs. A was 84 years old when she underwent heart surgery at a local hospital.

$3,750,000 Verdict – Urological Surgery Results in Blindness and Colostomy

Phyllis Hutchins had a small area of weakness (called an “aneurysm”) in her abdominal aorta, one of the main arteries in her body. This aneurysm had to be repaired surgically.

Confidential Settlement - Delayed Diagnosis of Thoracic Dissection Causes Death of 42-Year-Old Husband/Father

Dave W. was dressing one morning when he felt a snap in the front of his neck, followed by pain in his chest and head.

$3,150,000 Verdict - Delay in Diagnosis of Lung Cancer Results in Wrongful Death

For over two years, Sherry Morse complained to her family practice physician of a cough. She was repeatedly advised she had “bronchitis” and was given prescriptions for antibiotics. Although she was a heavy smoker, her doctor never suggested a chest x-ray. Finally, a car accident led to an MRI and a chest x-ray. Mrs. Morse was diagnosed with Stage IV lung cancer

The Eisen Law Firm Wins Big in the Court of Appeals

Near the end of a two-week medical negligence trial against two sets of defendants, Defendant #1 called his key expert witness on direct examination. After Mr. Eisen cross-examined him, Defendant #2 was permitted to examine the expert. Instead of limiting the examination to matters raised on direct examination, however, Defendant #2 elicited new opinions from the expert. When Mr. Eisen stood up to cross-examine the expert on the new opinions, the judge refused to allow it. Since the expert’s new opinions went unchallenged, the jury believed everything he said. It was no surprise that the jury returned a defense verdict.

The Eisen Law Firm refused to accept defeat in this fashion, so it filed an appeal and asked for a new trial. On appeal, Mr. Gurney argued that it was reversible error for a trial court to permit a defendant to elicit new opinions from an expert, and then deny the plaintiff an opportunity to cross-examine the expert on those new opinions. The appellate court agreed, reversing the trial court’s decision and ordering a new trial. The Defendants tried to appeal to the Supreme Court of Ohio, but they were rejected. The case then settled shortly before the retrial, which would have included full and fair cross-examination.

Confidential Settlement - Wife Dies Following Colo-Rectal Surgery

Mrs. J underwent a colo-rectal surgery at a large hospital.

Confidential Settlement - Father/Husband Dies of Medication Overdose During Surgery

Mr. E was 75 years old when he was diagnosed with gallstone pancreatitis. He was scheduled to undergo an endoscopic procedure, and the anesthesia plan was to put Mr. E into a state of “deep sedation,” as opposed to “general anesthesia.”

Confidential Settlement – Medical Error – Failure to Treat Infection – Leads to Amputation

Rose K. was a 45 year old woman who presented to her local emergency department with side pain for a few days.

Confidential Settlement – Failure to Diagnose Swine Flu Results in Permanent Brain Injury to 42-year-old Father

Mr. D presented to the ER at his local hospital with all of the classic signs and symptoms of the flu. But, this wasn’t any regular flu season.

Confidential Settlement– Young Mother Dies of Opioid Overdose in the Hospital

Mrs. K went to the emergency department for an acute flare-up of diverticulitis and was admitted to the hospital for pain management.

Confidential Settlement – Woman Suffers Permanent Facial Paralysis Following Surgery to Remove Benign Tumor, Medication Error Discovered

Mrs. S was referred to an ENT surgeon to remove a benign tumor in her neck. The surgical plan involved the use of a monitoring device to help the ENT find – and avoid cutting – Mrs. S’s facial nerve.

Confidential Settlement - Father Dies in Hospital of Medication Overdose

Mr. G went to the emergency room complaining of severe abdominal pain and flu-like symptoms. He was given a single dose of a strong painkiller and, a few minutes later, a nurse found him unresponsive.

Confidential Settlement - Woman Bleeds to Death Following Routine Surgery

Mrs. L was diagnosed with a “hernia.” That means a small portion of her stomach was protruding through her abdominal cavity and into her chest cavity, through an opening meant only for the esophagus. Her surgeon recommended a procedure to repair the hernia.

Confidential Settlement - Woman Dies from Prescription Drug Overdose

For more than three years, Jane D. saw her primary care doctor for pain that began following a car accident. Jane’s doctor did little to get to the cause of Jane’s pain. Instead, he prescribed dangerous combinations of narcotic pain medications and benzodiazepines. And he did so in ever-increasing dosages, and in the face of clear evidence that Jane was a prescription medication addict.

Confidential Settlement - Lack of Familiarity with Monitoring Machine Results in Death

Bruce D. suffered from a chronic condition that required him to make an annual trip to a hospital for a minor surgical procedure.

$2,000,000 Million Verdict Followed by Confidential Settlement - Wrongful Death and Spoliation of Evidence

After obtaining a jury verdict of $2 million against Sam’s Club (a Wal-Mart subsidiary) for the wrongful death of a dockworker, The Eisen Law Firm filed a separate lawsuit against Wal-Mart for “spoliation of evidence” for withholding critical evidence prior to trial.

Confidential Settlement – Botched Brain Surgery Results in Wrongful Death of 54-Year-Old Wife/Mother

Mrs. C had suffered a progressive loss of vision over a relatively short period of time. She went to see a neurosurgeon, who determined that her symptoms likely were the result of a tumor located above the pituitary gland at the base of her brain.

$1,900,000 Settlement - Stroke After Hip-Replacement Surgery

Mr. E saw an orthopedic surgeon for problems with his left hip. The surgeon recommended a total hip replacement.

Confidential Settlement – Hospital Fails to Listen to Laboring Mother Resulting in Death of Newborn

Jessica R. was 28 weeks pregnant when she presented to a local hospital with severe abdominal pain. She was evaluated and diagnosed with pancreatitis, and she was admitted to an intensive care unit.

$1,750,000 Settlement - Patient Bleeds to Death in Hospital Bed After Gallstone Removal

Kevin was a young man with a history of significant medical problems. He was admitted to an Ohio hospital with gallstones.

$1,250,000 Settlement - Failure to Prevent Pulmonary Embolism Results in Wrongful Death

Following Mr. F’s back surgery, certain orders were given to prevent deep venous thrombosis (“DVT”) and pulmonary embolism (“PE”).

Confidential Settlement – Hospital Mistake in Liver Transplant Results in Significant Injury

Danny A. was 55 years old when he underwent a liver transplant due to damage caused by hepatitis B, a viral infection of the liver.

$1,250,000 Settlement - Delay in Decision to Operate Results in Stroke

Mr. H was diagnosed at his local hospital with endocarditis, a potentially life-threatening condition in which a heart valve is infected with bacteria.

$700,000 Settlement – Motor Vehicle Collision Resulting in Permanent Injuries

Mr. N was pulling up to a four-way intersection in rural Ohio when he was t-boned by a truck driver who failed to stop at the stop sign. Mr. N, and his minor son who was in the passenger seat, both were severely injured and had to be life-flighted to the hospital. Mr. N required immediate surgery, and was left with permanent and substantial physical injuries to his left wrist and right hip.

Confidential Settlement – Failure to Diagnose Pelvic Cancer Results in Total Amputation of Leg, Hip, and Pelvis

Mrs. B complained to her family doctor about pain in her hip. The family doctor referred her to an orthopedic specialist.

Confidential Settlement – Delay in Diagnosis of Compartment Syndrome in Four-Year-Old Girl Results in Permanent Injury to Hand and Fingers

Caroline was four years old when she fell off of her bed and broke her arm. Her mother took her to the hospital, where an orthopedic surgeon reset Caroline’s arm and put it in a cast.

Confidential Settlement – Young Father Dies of Acute Pancreatitis Caused by New Diabetes Medication

One week after starting a new medication for his diabetes, Mr. P presented to his physician’s office complaining of upper abdominal pain radiating to his back.

Confidential Settlement – Failure to Diagnose Stroke in Five-Year-Old Boy with Down Syndrome Results in Permanent Injuries

Jack was born with Down syndrome, a genetic condition which affects kids along a spectrum.

Confidential Settlement – Pulmonary Embolism Resulting in Death

Mr. R had a remote history of blood clots in his legs and a serious neurodegenerative disease. After a flare-up of his neurodegenerative disease left him with reduced mobility, Mr. R was sent to a rehabilitation facility.

Confidential Settlement - Failure to Call Code Blue Results in Wrongful Death

Mr. J was 79 years old when he presented to the emergency department at his local hospital after falling in his kitchen earlier that day.

Confidential Settlement - Failure to Monitor Patient’s Airway Results in Wrongful Death

Mr. K was a 66–year-old man who came to his local hospital after suffering a small stroke. Because of the stroke, Mr. K had difficulty swallowing and clearing his secretions.

Confidential Settlement – Neurosurgeon’s Negligence Results in Paraplegia

Marvin H. was a 45 year-old man who suffered from chronic pain in his mid-back. A neurosurgeon performed a procedure on him called a “thoracic laminectomy.”

$2,000,000 - Medical Error Caused Amputation of Child's Fingers

C.J. was two and a half months old when he went to the Emergency Department at a Cleveland-area hospital. He was diagnosed with a small bowel obstruction and admitted for surgery. Following surgery, C.J. was admitted to the Pediatric Intensive Care Unit (“PICU”).

Confidential Settlement - Death following Dialysis

Lynn G was a 60-year-old woman with one adult child who died a few weeks after receiving dialysis at a dialysis center.

Confidential Settlement - Injury During Cardio-Thoracic Surgery

Following a car accident, Willie D. was rushed to a Cleveland-area hospital, where he was operated on by a physician employed by ABC Hospital. During surgery to repair Willie D’s thoracic aorta (the main blood vessel carrying oxygen-rich blood from the heart to the rest of the body), a surgical trainee improperly inserted a catheter through the aorta. Willie D. lost the use of both arms. After a lengthy trial, a confidential settlement was reached during jury deliberations.

Confidential settlement – Hospital Error Managing Coumadin Results in Brain Bleed and Stroke

Herman S. was an active 77 year-old man, who fainted while running on a treadmill. He hit his head and suffered a small brain bleed.

Confidential Settlement - Failure to Diagnose Pulmonary Embolism Results in Wrongful Death

Mr. G was a 31-year-old husband and father who died of a pulmonary embolism approximately one week after back surgery.

$925,000 - Failure to Diagnose and Prevent Pulmonary Embolism Results in Wrongful Death

Mr. L was 55 years old when he presented to a hospital in Cleveland, Ohio, with complaints of severe hip and back pain and an unexplained fever.

Confidential Settlement - Failure to Diagnose Rare Cardiac Condition Results in Wrongful Death

Steve K. began to sweat and have chest pain on the first day of his job in the legal department of his local hospital. He was taken to the emergency department.

Confidential Settlement - Death Following Failed Treatment for Heart Attack

Ron T. was 67 years old when he went to the emergency department at a local hospital with a chief complaint of chest pain.

Confidential Settlement - Nursing Home’s Medication Error Results in Diabetic Coma and Death

Sammie H. was a 65 year old woman with end-stage renal disease. She lived in a nursing home and required dialysis three times per week.

Confidential Settlement – Medical Negligence Results in Delay in Diagnosis of Lung Cancer and Patient’s Death

Greg R. was 70 years old when he was diagnosed with Stage IV lung cancer. It was a total shock to Greg because he previously had a suspicious mass in his lung biopsied and was told it wasn’t cancer. It turns out, however, that the doctor who did the biopsy was not able to obtain any tissue from the mass itself; instead, he only obtained tissue surrounding the mass.

$620,000 Verdict - Medical Error is Just the Beginning. Extraordinary Efforts Result in Full Payment

Mrs. C was in her late 70s and had significant heart failure and other medical problems. She had a pacemaker that would stimulate her heart when it started to beat too slowly.

Wrongful Death of Newborn – Poor Obstetrical, Prenatal, and Hospital Care Results in Death of Newborn

Sally and John were excited to start their family. After months of trying to conceive, Sally went on the fertility drug, Clomid. The Clomid worked, and Sally became pregnant.

Wrongful Death of Newborn – Undiagnosed Placental Abruption Results in Death of Fetus

Mr. and Mrs. Stone were so excited to have their first child. Mrs. Stone had a routine pregnancy and routine medical care up until June 25th. On that day, at approximately 27.5 weeks into her pregnancy, Mrs. Stone began to feel abdominal pain.

Wrongful Death of Fetus – Hospital and Doctor Inaction Results in Death of Fetus

Anaya, a young, soon-to-be mother, was scheduled to be induced. Upon arrival at the hospital, an electronic fetal monitor was placed to monitor the baby’s heart rate and the progress of uterine contractions.

Wrongful Death – Delayed Diagnosis of TTP

Mrs. V died from a condition called thrombotic thrombocytopenia purpura (“TTP”). TTP is a blood disorder characterized by blood clots that form in small blood vessels in the body.

Wrongful Death – Failure to Treat Abdominal Pain Results in Death of Middle-aged Women

Mrs. T had a stomachache. But, unlike other stomachaches, this ache was so severe that Mrs. T went to the hospital.

Confidential Seven-Figure Settlement - Failure to Treat Pulmonary Embolism Leads to Death of Young Husband and Father

Dan G. was a 31-year-old husband and father who died of a pulmonary embolism approximately one week after back surgery.

Failure to Perform a Cesarean Section Results in Perinatal Asphyxia and Death of Baby

Joy had good prenatal care, she was at full term, and all signs pointed to a normal and healthy baby on the day she went to the hospital to deliver.

Medical Misdiagnosis Results in Leg Amputation

Tabitha C. was 45 years old and a very active and successful business woman.

Failure to Diagnose Breast Cancer – Increased Risk of Death

Francine K. was in her early thirties when she felt a lump in her breast during a self-examination.

Confidential Settlement – Death of Family from Carbon Monoxide Poisoning

In the middle of winter, Jason Jones took his three children to the emergency department of his local hospital. The children were complaining of headaches, fever, nausea, and vomiting.

Confidential Settlement – Post-operative infection and improper testing leads to permanent disability

Mark Mitchell was a successful businessman who had a routine surgery at an Ohio hospital. Although the surgery went well, Mr. Mitchell developed a post-operative infection.

Confidential Settlement – Misdiagnosis, Communication Error (and then a Cover-up) lead to death of boy

Alejandro Ramirez was admitted to a trauma center after an automobile accident.

$1,000,000 Settlement - Delay in Diagnosis of Lung Cancer Results in Death

Kenny Tripp was admitted to his local hospital with chest pain.

Confidential Settlement – Misdiagnosis of Aortic Dissection leads to Death

Vincent Kenne presented to the emergency room of his local hospital complaining of chest pain.

Settlement was Reached Following the Death of a Stent Procedure Gone Wrong

A confidential settlement was reached when the defense took a surprising position stating that the medical condition and deteriation of 63-year-old Larry could not have been seen by the cardiologist and nothing could be done to prevent his death.

Anesthesia Error Results in Death of 55-year-old Wife and Mother

Marisa C. went to her orthopedic surgeon, complaining of pain in her left knee. The pain had been bothering Marisa for eight months. The doctor recommended arthroscopic knee surgery for a torn meniscus and scheduled this surgery to take place at the ambulatory surgical center where he regularly operated.

Wrongful Death: Medication Complication resulting in Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis

Beth S. was 15 years old when she and her mother made an appointment for Beth to see an adolescent psychiatrist in a small town in western Ohio.

Failure to Diagnose Leads to Permanent Stroke Deficits in 49-Year-Old Husband and Father

Shortly after going to bed one evening, Scott G. woke up with a horrible headache and pain behind his right eye. He also had trouble breathing and was severely nauseated.

Delay in Diagnosis of Meningitis – Hearing Loss and Movement Disorder in Toddler – Confidential Settlement

Jake was two years old when a misdiagnosis caused him to lose his hearing and impaired his ability to walk. Jake had a fever for several days.

Delay in Performing STAT MRI Results in Permanent Paraplegia

While he was getting clothes out of his closet one morning, Gabe (60 years old) fell backwards and hit the ground.

Confidential seven-figure settlement: Urgent Care Medical Error results in death of Young Father and Husband

One winter morning, Bruce went to an urgent care facility in a suburb of Cleveland, Ohio. He had experienced chest pain while shoveling snow earlier that morning.

The Eisen Law Firm Co., L.P.A. does not offer any guarantee of case results.
Any description of prior results on this site does not constitute a guarantee of a similar outcome. Results depend upon a variety of factors unique to each representation.

Some patient names in these summaries have been changed to protect client privacy.