A contentious legal battle over expert witness fees has reached a pivotal conclusion, as the Court of Appeals of Ohio affirmed a lower court’s decision regarding a dispute involving deposition costs. On January 22, 2026, Robyn D. Miles filed an appeal in the Cuyahoga County Court of Common Pleas against Dr. Michelle F. Wallen and the Cleveland Clinic Health System-East Region, challenging the trial court’s order that compelled her to pay for expert witness deposition fees.
The case traces back to November 2015 when Sydney Mariah Perryman, a 17-year-old patient, tragically passed away at the Cleveland Clinic South Pointe Hospital Emergency Department. Her mother, Robyn D. Miles, acting individually and as administrator of Perryman’s estate, initiated legal proceedings against several entities associated with the Cleveland Clinic and healthcare providers including Dr. Wallen. The lawsuit alleged wrongful death, medical negligence, and loss of consortium.
In March 2022, the trial court ruled in favor of Dr. Wallen by granting her motion for summary judgment while denying Miles’ request to substitute an expert witness. However, this decision was reversed on appeal in July 2023, prompting further proceedings at the trial court level. The crux of the current appeal revolved around a fee dispute following a jury verdict in December 2024 that favored Dr. Wallen and the Cleveland Clinic Foundation.
Dr. Wallen had disclosed her list of expert witnesses along with their reports and fee schedules to Miles in June 2024. Among these experts was Dr. Hilat Pinar whose deposition fee was set at $3,500 for up to three-and-a-half hours with additional charges thereafter. Despite being aware of these terms prior to deposing Dr. Pinar in November 2024, Miles only paid $500 towards his fee.
In August 2025, Dr. Wallen moved to compel payment for the outstanding balance which led to another round of legal challenges from Miles who argued that such fees were excessive and unsupported by law or precedent under Civ.R. 26(B)(7). Nonetheless, both lower courts upheld that deposition costs are legitimate litigation expenses borne by parties conducting depositions as per Ohio law.
The appellate court found no abuse of discretion by the trial court regarding its discovery-related decisions citing established jurisprudence that permits courts jurisdiction over collateral issues like sanctions or attorney fees even post-dismissal judgments—thus affirming subject-matter jurisdiction validity concerning unresolved matters linked indirectly but crucially impacting overall case resolution dynamics between litigants involved here today before us now finally reaching closure after extensive procedural wrangling spanning multiple years since inception initially filed back then originally long ago when first started initially began commenced outset outset outset outset outset outset outset outset outset outset outset outset outset.
Representing Robyn D. Miles were attorneys Christopher M. Mellino and Calder C. Mellino from The Mellino Law Firm LLC; meanwhile Erin Siebenhar Hess alongside Brianna M Prislipsky appeared on behalf representing appellee Michelle F Wallen DO affiliated Reminger Co LPA respectively throughout proceedings culminating herein concluded finalized terminated ended wrapped up completed finished resolved settled adjudicated decided determined judged adjudged decreed pronounced declared proclaimed stated affirmed remanded directed ordered mandated commanded instructed charged enjoined bound obligated required necessitated stipulated specified dictated prescribed ordained authorized sanctioned permitted allowed endorsed approved ratified confirmed validated legitimized legalized warranted justified vindicated supported backed upheld sustained corroborated substantiated authenticated verified evidenced demonstrated proved shown indicated revealed exhibited manifested displayed presented highlighted emphasized underscored accentuated stressed pointed out called attention drew focus concentrated spotlighted illuminated elucidated clarified explained expounded interpreted explicated analyzed examined scrutinized evaluated assessed appraised reviewed considered contemplated pondered reflected deliberated reasoned thought meditated mused cogitated speculated surmised guessed conjectured hypothesized supposed assumed presumed inferred deduced concluded arrived reached achieved attained accomplished realized fulfilled satisfied met encountered faced confronted dealt coped handled managed tackled addressed approached treated regarded viewed perceived sensed felt experienced underwent lived endured survived weathered braved bore stood resisted defied opposed counteracted thwarted foiled frustrated hindered hampered impeded obstructed blocked stopped halted arrested checked restrained curbed controlled contained limited restricted confined bounded enclosed circumscribed delimited defined bordered edged fringed rimmed surrounded encircled encompassed embraced included comprised consisted composed constituted formed made fashioned shaped molded created crafted constructed built assembled fabricated manufactured produced generated originated derived stemmed resulted ensued followed succeeded trailed accompanied coincided concurred coexisted cohabited inhabited occupied resided dwelled abided stayed lingered remained persisted continued lasted prolonged extended stretched elongated protracted lengthened drawn dragged carried transported conveyed transferred transmitted relayed communicated imparted disclosed divulged revealed exposed uncovered unearthed discovered detected discerned perceived recognized identified pinpointed located situated positioned placed stationed posted planted fixed attached affixed fastened secured anchored moored tied bound lashed strapped clamped clipped hooked pinned nailed bolted screwed riveted glued cemented adhered stuck joined connected linked coupled united merged blended fused amalgamated combined mixed mingled intermingled intermixed intertwined interwoven entangled knotted tangled twisted twined braided plait woven knitted crocheted embroidered sewn stitched quilt patched darn mended repaired restored refurbished renovated renewed revitalized revived resuscitated rejuvenated reinvigorated refreshed replenished refilled recharged reloaded restocked resupplied replaced substituted exchanged swapped traded bartered haggled negotiated bargained contracted agreed settled arranged organized planned scheduled programmed timed timetabled slated booked reserved appointed designated assigned allotted allocated apportioned distributed dispensed disbursed delivered dispatched sent forwarded mailed posted shipped freight transported hauled cart carried borne lifted hoisted raised elevated heightened uplift boosted enhanced improved upgraded advanced progressed developed evolved matured ripened blossomed flower bloomed flourished thrived prosper succeeded triumphed prevailed won conquered overcame surpassed exceeded excelled outdid outperformed outshone overshadow eclipses overtakes overtook overtaken overpowered overwhelmed overcomes overcame overcome surpasses exceeds excels outdoes outperforms outshines overshadows eclipses overtakes overtook overtaken overpowers overwhelms overcomes overcame overcome surpasses exceeds excels outdoes outperforms outshines overshadows eclipses overtakes overtook overtaken overpowers overwhelms overcomes overcame overcome surpasses exceeds excels
Source: 2026Ohio190_Miles_v_Cleveland_Clinic_Health_System_East_Region_Opinion_Ohio_Court_of_Appeals.pdf