Lawyer suffered cardiac arrest, death ­after epidural steroid injection — $2.35M verdict

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

Demand: $2,350,000

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.

[022-T-001]