Ohio Birth Injury Attorney

Brian N. Eisen, Harvard Law School Graduate

When I decided to start practicing birth injury law, my primary goal was to help people. Throughout my career, I have helped countless clients with their medical malpractice claims, including birth injury claims. These clients or their loved ones were injured through no fault of their own by medical professionals they trusted. Some of the most devastating claims I’ve seen in my decades of practicing medical negligence law are birth injury claims. Some of this has to do with the fact that babies are so vulnerable, and their brains are still developing when they are injured. Some of it has to do with the long-term nature of their injuries. Babies with brain injuries will have to deal with those injuries their entire lives. With proper care, that can be 80 years or more.

I graduated from Harvard College magna cum laude in 1988. I majored in neurobiology, which is surprising to many of my clients and colleagues. However, my scientific background provides me with unique insight into birth injury claims. I am able to quickly decipher medical records and pinpoint where possible medical errors occurred.

After graduating from Harvard College, I attended Harvard Law School. I graduated cum laude in 1992.

Many attorneys refuse to handle medical malpractice cases of any type. These cases present major financial risks to a law firm. Birth injury claims are the most complicated medical negligence claims, and they are notoriously expensive to manage. A law firm typically will spend well in excess of $100,000 to fully litigate a birth injury claim. If a law firm loses a medical negligence case, it doesn’t get paid. For me, the benefits of helping children and their families outweigh the risks. My passion is helping clients through these complex claims, providing them with the ability to recover compensation they could not have otherwise recovered.

Many law firms want to bring in as many cases as possible. More cases, the theory goes, means more money. I take a different approach. I take on fewer cases, so that I can dedicate the time and attention necessary to each claim. I develop strong relationships with my clients, as I handle every phase of the claim—I do not use paralegals or clerks in my cases. When you have a question or concern about your case, you speak with me directly.

In the courtroom, I am not afraid of large hospitals, insurance companies, or powerful doctors. After I graduated law school, I clerked for the United States Court of Appeals for the 9th Circuit in Seattle. After I completed my clerkship, I prosecuted white collar fraud cases for the United States Department of Justice. One of my favorite cases was working on the removal of the “Marlboro man” from different stadiums and arenas throughout the country. I am no stranger to cases involving “big defendants,” and I am not intimidated by a challenge—in fact, I welcome it.

I truly enjoy helping clients put their lives back together as much as possible after experiencing a catastrophic injury caused by medical negligence. Applying the law to the science involved in medical negligence claims is rewarding to me. Although no award or compensation can ever undo the devastating effects of a medical error, pursuing a medical negligence claim often provides a sense of justice and closure to those involved.

I am passionate about advocating for and helping innocent children when they are injured. I regularly volunteer with local youth sports organizations and agencies that assist children with disabilities.

In addition to my community activities, I am active in the legal profession, too. I have served as the President of the Cleveland Academy of Trial Attorneys and am an active member of Ohio Association for Justice and the American Association for Justice. I have the highest ratings from multiple rating agencies including Martindale Hubbell, Super Lawyers, and AVVO, which means my peers acknowledge my high quality legal work and ethics. I am regularly asked to speak at continuing legal education seminars on topics related to medical negligence.

I would greatly appreciate the opportunity to meet with you to discuss your birth injury or medical malpractice claim. Let me learn about you and your family and see if my skills and expertise can help you.

Bar Admissions

  • 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

Published Works

  • 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

Representative Cases

  • 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