Type of action: Medical malpractice; wrongful death
Injuries alleged: Vegetative state and death
Name of case: Estate of Michael Eisenstein v. Advanced Spine and Pain, PLLC
Court: Arlington Circuit Court
Case no.: CL 1900351900
Tried before: Judge
Name of judge or mediator: Judge William Newman
Date resolved: 12/17/2021
Verdict or settlement: Verdict
Amount: $2,350,000 plus prejudgment interest
Attorneys for plaintiff (and city): Scott M. Perry, Arlington; Les Bowers, Charlottesville
Description of case: This is a unique case in which a challenge to a default judgment was upheld and, as a result, the full judgment amount plus interest has been paid. The plaintiff alleged that an employee of Advanced Spine and Pain, or ASP, negligently performed an epidural steroid injection in Michael Eisenstein’s neck. This caused Eisenstein to suffer a cardiac arrest at ASP’s office, which plaintiff alleged ASP mismanaged. As a result, Michael, a lawyer, remained in a semi-vegetative state for several months before dying. He left behind his wife of 30 years and two adult daughters. The plaintiff served ASP with process but it failed to respond to the suit. The plaintiff conducted a full-day ex parte hearing on damages. The court awarded the cap of $2,350,000 plus interest. When the plaintiff began garnishing ASP’s assets, ASP filed a motion to vacate the default judgment, claiming proper service did not occur. The parties engaged in intense discovery over eight months solely on the issue of proper service. This included depositions, subpoenas to Google and review of thousands of documents, and culminated in an evidentiary trial on the issue of service. The court ruled that service was proper and refused to vacate the judgment. ASP filed a notice of appeal but agreed to pay the full judgment plus interest before briefs were due.
Scott Perry, counsel for the plaintiff, provided case information.