Pain physician awarded $7.1M after fall outside ASC

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A jury awarded $7.25 million to David Irwin, MD, and his wife, Monica Zillen, after Dr. Irwin slipped and fell on ice and snow outside the UPMC Hamot Surgery Center in Erie, Pa., in 2014, Go Erie reported Sept. 16.

What happened?

  • According to the report, Dr. Irwin slipped on snow-covered ice while exiting through a locked, non-public door on March 12, 2014. Public entrances had been cleared but were locked for security after hours. 
  • He suffered a torn rotator cuff, two slipped spinal discs, and aggravated spinal stenosis requiring surgery. He later developed chronic regional pain syndrome in his left shoulder.
  • At the time, Dr. Irwin was UPMC Hamot’s chief of pain management, earning between $450,000 and $750,000 annually. After the fall, he was not allowed to return to work despite requesting to do so, and he has been unable to practice medicine since.
  • Dr. Irwin and his wife filed the lawsuit in 2016 after years of pretrial litigation. UPMC Hamot denied negligence, arguing that the accident did not directly cause Dr. Irwin’s injuries and disputing the extent of damages.
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