The following is a list of some of the types of cases handled by Willoughby Doyle attorneys. The list represents a fraction of the cases handled by the Firm and focuses predominately on cases resolved within the past two years. Nothing contained in these summaries should be construed as a promise, guarantee, or warranty of obtaining any particular result in any case.

Medical Malpractice — Leg Amputation
$2,400,000 Settlement (Georgia 2007)

Conal Doyle and Markus Willoughby obtained a two million four hundred thousand dollar recovery on behalf of a 33 year old man who broke his leg playing baseball and had it amputated at the knee two weeks later due to the defendants’ failure to timely diagnose and treat Compartment Syndrome.   Conal Doyle was lead counsel on this Georgia case, which resolved three weeks prior to trial after almost two years of litigation, which included more than forty depositions.  The value of the case was constrained by the two million dollar insurance policy limits of the target defendant and a conservative jurisdiction.

Insurance Bad Faith/Coverage
$645,000 Settlement (Florida 2007)

Conal Doyle obtained a settlement in this Florida case on behalf of a family of five whose house was severely damaged in an electrical fire. The suit alleged that the insurance company unreasonably failed to tender the value of the insurance policy and acted in bad faith. The recovery was more than three times the asserted value of the policy limits.  The settlement was achieved within a month of filing suit before the start of discovery.

Products Liability — Leg Amputation
Confidential Structured Settlement (North Carolina 2007)

Conal Doyle obtained a settlement on behalf of a 5 year old girl whose leg was amputated below the knee after she was backed over by a riding lawnmower. The Firm alleged that the mower was defectively designed as it did not have a safety mechanism to prevent the mower from mowing in reverse. The confidential settlement was reached with the lawnmower manufacturer and the plaintiff’s uncle, who was riding the lawnmower. The Firm was able to negotiate a structured settlement that provides for a lifetime recovery of several million dollars. 

Civil Rights/Battery — Traumatic Brain Injury
$896,000 Jury Verdict (Florida)

Bob Stoler and Conal Doyle obtained an $896,000 jury verdict in a federal lawsuit against a correctional officer who battered their mentally challenged client in County jail. At the time, the verdict was reported to be one of the largest ever against a Polk County, Florida correctional officer. The verdict was affirmed on appeal by the Eleventh Circuit Court of Appeals. After the insurance company denied coverage, a declaratory relief action was filed against the insurer to establish coverage. The plaintiff won the action and the insurance company paid the full amount of the judgment. The result of this case was reported in local newspapers and television.

Civil Rights/Medical Malpractice — Penis Amputation (California)

Conal Doyle is lead counsel in Castaneda v. U.S., 538 F.Supp.2d 1279 (C.D. Cal 2008), affirmed, Castaneda v. U.S., 546 F.3d 682 (9th Cir. 2008), cert. granted, -- S.Ct. --, 2009 WL 1725914, (September 30, 2009), which is an action by an immigration detainee who suffered a penile amputation and subsequently died due to the United States’ failure to timely diagnose and treat penile cancer.  The case has received extensive international media coverage, with numerous stories published by the San Francisco Chronicle, L.A. Times, New York Times, Washington Post, Daily Journal, Univision, Telemundo, numerous other international media outlets, and 60 Minutes.

The case is factually compelling, prompting the District Court (Dean D. Pregerson) to characterize the government’s conduct as "beyond cruel and unusual."  The Court in one passage of the opinion stated the following:

"After all, Plaintiff has submitted powerful evidence that Defendants knew Castaneda needed a biopsy to rule out cancer, falsely stated that his doctors called the biopsy "elective," and let him suffer in extreme pain for almost one year while telling him to be "patient" and treating him with Ibuprofen, antihistamines, and extra pairs of boxer shorts. Everyone knows cancer is often deadly. Everyone knows that early diagnosis and treatment often saves lives. Everyone knows that if you deny someone the opportunity for an early diagnosis and treatment, you may be - literally - killing the person. Defendants' own records bespeak of conduct that transcends negligence by miles. It bespeaks of conduct that, if true, should be taught to every law student as conduct for which the moniker "cruel" is inadequate."

The case is legally significant. For the past 38 years, Courts around the country have uniformly held that Public Health Service (“PHS”) Doctors (like the ones that treated Castaneda) are immune from suit under 42 U.S.C. 233(a).  Castaneda is the first reported case to hold the opposite, that PHS doctors can be sued for constitutional violations under Bivens.  This is an extremely important decision in that it allows Plaintiffs to obtain full and fair compensation for catastrophic injuries, instead of being subject to a damage cap, which applies to med mal claims brought under the FTCA in California.

The United States Supreme Court has granted review of the decision of the Ninth Circuit Court of Appeals, and will hear oral argument in January or February 2010.

Products Liability — Wrongful Death (Florida)
Confidential Structured Settlement

Conal Doyle obtained a settlement on behalf of a 14 year old girl whose father fell to his death off a defective scaffolding system. The confidential settlement was reached with the manufacturer and retailer of the scaffolding system, which was not designed according to OSHA regulations.  This case was litigated in Pinellas County, Florida.

Automobile Accident — Traumatic Brain Injury (California)
Confidential Settlement 2007

Markus Willoughby and Conal Doyle obtained a settlement for a 50 year old attorney who was broadsided in an intersection and sustained a Mild Traumatic Brain Injury. The Plaintiff, a medical malpractice defense attorney, was unable to continue in her job and made a substantial claim for future lost wages. The confidential settlement was reached with the driver that hit her and her Underinsured Motorist Carrier.

Medical Malpractice — Wrongful Death
Confidential Settlement

Markus Willoughby obtained settlement on behalf of a widow of a 78 year old man who was under the care of a spine surgeon for osteomylitis. He had recently undergone surgery on his lower spine and was unexpectedly and inappropriately taken for a long walk outside down a wet, broken sidewalk by his physical therapist, without being held or assisted. The elderly man tripped on an uneven surface and fell face-first onto a large rock. He suffered 5 facial fractures and an avulsed nose. His wife came upon the scene immediately afterward. Within a half hour, the elderly man aspirated blood into his lungs and slipped into a coma. He died two days later. The confidential settlement was reached with the physical therapist.

Medical Malpractice — Wrongful Death
Confidential Settlement

Markus Willoughby obtained settlement on behalf of the mother of a 21 year old boy who went into a Bay Area Hospital for Sickle Cell Crisis. He was admitted for treatment, given pain medications and placed on high volume intravenous fluids. Over the course of 3 days, the boy slowly began requiring oxygen because his oxygen saturations were declining. By the third day, he was receiving the maximum amount of oxygen through a full face mask. No doctor had come to see this boy for 2 days, and no one tried to investigate why he needed oxygen. He was found dead by a nurse on the third day. Autopsy revealed he died from pulmonary edema from fluid overload. The confidential settlement was reached with the hospital and physician group.

Medical Malpractice and Elder Abuse — Wrongful Death
Confidential Settlement (California 2009)

Markus Willoughby obtained settlement on behalf of a family whose elderly mother was admitted to a hospital for pneumonia and required a tracheostomy (a hole cut in the trachea). The elderly woman developed mucus plugging in her tracheostomy which caused suffocation and required frequent suctioning. Although the nursing staff was aware of her high risk status, they failed to timely respond on numerous calls for help by the patient and her roommate over the course of 15 minutes. When the nursing staff responded, the elderly woman was in a coma caused by lack of oxygen. She was set to be discharged from the hospital within a few days. She died a year later in a rehabilitation hospital. The confidential settlement was reached with the hospital.

Dental Malpractice — Failure to Provide Care
Confidential Settlement

Markus Willoughby obtained settlement on behalf of a woman who during the course of a root canal, suffered significant fractures of the cervical and apical areas of the alveolar process (jaw bone). The dentist stitched her gum up and told her he had broken a file and would need to go back in at another time. The woman soon went to another dentist because she has lost all sensation to the lower right part of her face and was in great pain. The second dentist discovered the injuries and referred her to a maxillofacial surgeon who performed multiple corrective surgeries including a large bone graft. The confidential settlement was reached with the dentist.

Fiduciary and Estate Litigation

Markus Willoughby obtained settlement on behalf of an elderly woman whose son and daughter-in-law attempted to fraudulently transfer her property worth an estimated 1.7 million, to themselves.

Fiduciary and Estate Litigation

Markus Willoughby obtained a settlement on behalf of a woman whose family friend opened a probate after the death of our client's mother, in order to claim sole title of her real property. The conflict was resolved, the home sold and the appropriate proceeds were distributed to the rightful beneficiaries.

Toxic Mold/Housing Violations
Confidential Settlement

Markus Willoughby obtained a settlement on behalf of a family that was forced to live in deplorable housing conditions, which included the presence of toxic mold. A settlement was reached with the property management company and property owner.

Battery — Nose Surgery
$87,500 Settlement (February 2007)

Conal Doyle obtained a settlement on behalf of a thirty one year old financial analyst who was battered in an unprovoked attack after a Cold Play concert in 2006. The Plaintiff sustained a deviated septum which required nose surgery.  The settlement reached at mediation exceeded the plaintiff’s pre-suit demand and was more than forty times the past economic loss.

Civil Rights/Battery
Confidential Settlement

Conal Doyle obtained a settlement with the City of Susanville, California, after one of its police officers battered his client with pepper spray while he was asleep in the front seat of his car after a car accident. The settlement was significant considering the Plaintiff did not suffer any economic loss or permanent physical injury.

Medical Malpractice — Wrongful Death
Confidential Settlement

Markus Willoughby obtained settlement on behalf of a young couple who lost their child after a physician refused to place a sickle cell anemic child on prophylactic antibiotics.  The 16 month old child contracted bacterial meningitis and died on Christmas morning.  The physician who refused to order antibiotics stated she did so because she didn’t think the parents would follow physician orders.  The confidential settlement was reached with the child’s physician.

Elder Abuse — Failure to Provide Care
Confidential Settlement

Markus Willoughby obtained settlement on behalf of a 78 year old male who fell at a nursing home and broke his hip.  The managers of the nursing home picked him up and placed him in his bed.  Although he could no longer walk and was in severe pain, no one at the nursing home told his family or primary medical doctor about the incident, and did not themselves seek care for the patient for 10 days.  A confidential settlement was reached with the nursing home owners.

Medical Malpractice — Overdose of Chemotherapy
Confidential Settlement

Markus Willoughby obtained settlement on behalf of a 28 year old woman who contracted glioblastoma multiforme, a rare form of brain cancer associated with a high mortality rate.  After surgery and chemotherapy, her oncologist prescribed prophylactic chemotherapy medication in an amount which was 3 times normal.  As a result, the woman became immunosuppressed, lost her eyesight and was hospitalized for several weeks, at a time when her life expectancy was measured in months.  Court preference was obtained because of her life expectancy.  A confidential settlement was reached with the physician who prescribed the medication and the pharmacy who filled the prescription.

Insurance Coverage/ERISA — Bad Faith Denial of Insurance Benefits for Prosthetic Limb
Full Benefit Paid plus Attorneys Fees (Florida 2008)

Conal Doyle obtained a settlement in Hughes v. Aetna, a lawsuit filed in federal court in Florida, forcing Aetna Insurance to pay the full amount of the benefit at issue and $25,000 in attorneys fees prior to any discovery being conducted in the case. The plaintiff, Karen Hughes, is an above the knee amputee, who was denied a microprocessor knee (C-Leg) by Aetna, her health insurance company. Aetna alleged that the C-leg, on the market in the United States since 1999, was “experimental and investigational” and thus initially denied the benefit. On appeal, Aetna determined that the C-leg was not “experimental and investigational” and authorized payment.

Nevertheless, Aetna failed to pay for the benefit for more than eight months, forcing Ms. Hughes to file suit in federal court. Due to the fact she was insured by an employer health plan, Ms. Hughes’ claim was governed by ERISA, a federal statute that pre-empts state law and limits recovery to the value of the denied benefit and provides a federal judge discretion to award attorneys fees.

Insurance Coverage/Bad Faith Denial of Insurance Benefits for Prosthetic Limb
Beck v. Blue Cross — Confidential Pre-suit settlement (California 2009)

Conal Doyle was co-lead counsel in a claim against Anthem Blue Cross of California for denial of prosthetic benefits to a 19 year old man who lost his leg to cancer. Owen Beck's prosthetist and physician recommended a microprocessor knee prosthesis (C-Leg), but Blue Cross, maintained that the C-leg, on the market in the United States since 1999, was "experimental and investigational" and thus denied the benefit, and withheld that decision on appeal. Mr. Beck pursued damages for the cost of the benefit, emotional distress, and punitive damages. The case was resolved after pre-suit demand. Blue Cross insisted that the terms of the pre-suit settlement be confidential. Conal Doyle donated a portion of his time on the case to Public Justice, as a pro bono contribution.

Insurance Coverage/Bad Faith Denial of Insurance Benefits for Prosthetic Limb
Cullen v. Blue Cross — Currently Pending in Los Angeles Superior Court, California

Conal Doyle is lead counsel on behalf of Cheri Cullen, an above the knee amputee, who is a 44 year old mother of two. Blue Cross authorized and paid for a microprocessor knee for Ms. Cullen in 2003, yet denied coverage for that same device in 2009, alleging that it is “experimental and investigational.” Blue Cross has maintained this position despite the fact the C-leg has been wellaccepted and recognized as a standard prosthetic device for almost ten years. All above the amputee soldiers returning from war are offered a C-leg from Walter Reed Medical Center, the C-leg is FDA approved, and recognized as standard prosthetic technology by countless other insurance companies. Blue Cross’ denial of prosthetic benefits is explained solely by the fact that the C-leg is considerably more expensive than the alternative prosthetic option.

Ski Resort Liability — Avalanche
Mederos v. Squaw Valley Ski Resort (California 2008)

Conal Doyle obtained a confidential settlement on behalf of Moses Mederos, a 33 year old executive who was trapped in an avalanche on the face of the “headwall” run at Squaw Valley USA, one of the most popular and commonly traversed ski runs in the United States. Mr. Mederos suffered a severe shoulder injury, requiring surgery and extensive rehabilitation. Squaw Valley denied liability for the accident and a confidential settlement was obtained after a lawsuit was filed.

Medical Malpractice — Burn Injury during Surgery
Leong v. Stanford Hospitals (California 2008)

Conal Doyle obtained a confidential settlement after suit was filed for a 45 year old father of three who sustained second and third degree burns on his back during routine arthroscopic knee surgery. The Hospital overheated a water bottle placed underneath Mr. Leong during surgery, yet Stanford still denied liability, and ultimately sought a confidential settlement prior to trial.

Jail Rape — Battery and Negligent Hiring and Retention
Jane Doe v. Corrections Corporation of America (New Jersey 2009)

Conal Doyle was retained to act as lead trial counsel just prior to trial, after the international law firm Paul Hastings litigated the case pro bono for approximately three years. The plaintiff was a woman who fled her home country of Uganda after suffering atrocities at the hands of the Ugandan military. She sought asylum from the United States, and was promptly imprisoned by the federal government and sent to the Elizabeth Detention Center, in New Jersey, a federal facility run by a private corrections company (CCA). While in detention, she was raped by Michael Baisden, a CCA employee with a violent criminal past, who had been permitted to supervise female detainees at the correctional facility. Baisden was convicted of rape and served three years in prison as a result of his assault of the Plaintiff. Nevertheless, CCA denied liability, alleging that the sexual encounter was “consensual” despite the fact that New Jersey law provides that a detainee can never provide consent to sex with a guard due to the obvious power imbalance between the parties. CCA entered into a confidential settlement with the Plaintiff after Mr. Doyle entered an appearance in the case and conducted expert depositions.