Irwin v. UPMC Hamot
A recent Erie County Common Pleas Court case resulted in a record-setting $7.25 million verdict for Dr. David M. Irwin, a former chief of pain management at UPMC Hamot, who sued the hospital after a slip-and-fall accident. Irwin and his wife, Monica Zillen, were represented by the Pittsburgh-based law firm Lupetin & Unatin, with attorneys Brendan Lupetin and Greg Unatin leading the case. The verdict, delivered by a jury on September 12, 2025, is believed to be the largest of its kind in a slip-and-fall lawsuit in Erie County history.
The Incident and Injuries
The lawsuit stemmed from an incident on March 12, 2014, when Dr. Irwin, then 41, slipped and fell on snow-covered ice while leaving the UPMC Hamot Surgery Center in downtown Erie. At the time, he was leaving through a non-public door after 5 p.m., a requirement for employees.
The fall caused significant injuries, including a torn rotator cuff in his left shoulder and two slipped discs in his spine, one of which was fractured. The injuries led to chronic regional pain syndrome in his shoulder, which his lawyer, Brendan Lupetin, described as feeling like a “flamethrower”. According to court records, the fall also significantly aggravated pre-existing back problems and spinal stenosis, requiring additional surgeries.
The Legal Battle
Irwin and his wife filed the lawsuit in 2016. The plaintiffs accused UPMC Hamot of negligence, arguing the hospital failed to properly maintain the premises outside the surgery center and failed to accommodate Irwin’s return to work after his injuries.
UPMC Hamot and its co-defendants denied liability, contending that the slip-and-fall was not the direct cause of Irwin’s injuries and disputing the extent of the damages claimed. They also argued that an active snowstorm was in progress and that they had staff attempting to clear the property.
The trial lasted a week and ended with the jury deliberating for about two hours before finding UPMC Hamot negligent in a unanimous verdict. The jury found that UPMC failed to have sufficient staff to maintain the campus grounds.
The Verdict Breakdown
The $7.25 million verdict was broken down as follows:
- $1 million for past economic loss
- $4 million for future economic loss
- $1 million for past non-economic loss
- $500,000 for future non-economic loss
- $750,000 for loss of consortium for Irwin’s wife, Monica Zillen
According to Lupetin, the verdict was a result of a compelling case that showed how UPMC “ghosted” Irwin and “turned their back on him” after his injury, attempting to argue that he was greedy for not returning to work. The plaintiffs’ medical experts, including UPMC surgeons who had treated and worked with Irwin, testified about the severity of his injuries and his performance as a doctor, helping the jury side with the plaintiff.
The Personal Toll
At the time of the fall, Irwin was a highly successful doctor, earning a base salary of $450,000 with incentives that could reach $750,000. He was the chief of pain management at UPMC Hamot and a specialist in interventional pain and spine procedures. However, due to his injuries and chronic pain, he has not been able to practice medicine since the accident.
Lupetin described the case as “a complex story” and a personal tragedy, noting that Irwin had “reached his dream” of becoming a doctor, a goal he had held since he was a boy, only to have it turn into a “nightmare”. The defendants were accused of viewing him as “damaged goods” and doing nothing to help him return to his profession.
This verdict surpasses the previous record for a slip-and-fall case in Erie County, which was a $3.2 million award in 2023 to another doctor, John L. Alonge, who was also represented by Lupetin.