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/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.

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

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.

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.

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.

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.

Medical Malpractice-Federal Tort Claims Act (FTCA) claim against United States-June 2012 $250,000 Verdict (MICRA cap limit

In Martin Hernandez Banderas v. United States, Conal Doyle obtained a verdict against the United States for the MICRA cap limit of $250,000. The claim was brought by an immigration detainee who was denied adequate medical care while being detained by the United States on immigration charges. The case received extensive media coverage, including two stories in the Washington Post. The government’s highest pre-trial offer was $150,000, while Plaintiff’s demand was $200,000. Damages were capped by statute at $250,000. Rather than taking the government’s low ball offer, Mr. Doyle took the United States to trial and obtained the $250,000 maximum verdict from a federal judge in the Central District of California.

Mold Infestation of Residential Property $350,000 Settlement (California 2012)

Conal Doyle obtained a $350,000 settlement on behalf of a family of three who were exposed to toxic mold over a three year period in Orange County, California. The management company refused to remediate the toxic mold, attempted to cover-up its existence, and sought to evict the tenants because the y complained to neighbors about the presence of mold on the property.