The Eisen Law Firm - Attorneys Focusing Exclusively On Medical Malpractice
3601 Green Rd, Suite 308
Cleveland OH 44122
216-687-0900
Call For A Free Consultation
OPEN PRACTICE AREAS

Spoliation of Evidence and Wrongful Death

A $2 Million Settlement was Reached

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. The case eventually came before the Supreme Court of Ohio, where Attorney Brian N. Eisen argued that Wal-Mart should be punished for concealing evidence – even though Wal-Mart lost the trial. The Supreme Court agreed with Mr. Eisen that the rule in Ohio should be “cheaters never prosper,” even if their cheating doesn’t result in courtroom victory! After The Eisen Law Firm won in the Ohio Supreme Court, a confidential settlement was reached.

The Eisen Law Firm has used its experience in this case (Davis v. Wal-Mart) to file claims of spoliation of evidence whenever it discovers altered or concealed medical records in malpractice cases. The case now is routinely cited by other malpractice attorneys filing such claims.