Pharmaceutical Error: Improperly mixed medication, 4 month old baby
$2,000,000.00
Plaintiff, a four month old baby was born with a heart arrhythmia and was prescribed a flecainide compound medication to control his condition. The medication prescribed needed to be custom mixed by a compounding pharmacist. The Plaintiff’s prescription was mixed up to ten times the prescribed dose. The Plaintiff’s mother administered the medication as prescribed, by an oral syringe specially made for infants. Plaintiff was hospitalized for 2 months, suffering from a stroke, heart attack and brain injury as a result of taking the improperly mixed medication. The Plaintiff accrued approximately $350,000.00 in medical bills.
Attorney Bill Doyle negotiated this case by telephone, after several months of negotiation the Defendant’s insurer agreed to pay the pharmacists policy limits of $2,000,000.00. The Plaintiff currently is a year old, discontinued use of all medications and is undergoing early intervention.
Liquor Liability: Dram Shop
$1,500,000.00
The Plaintiff was seriously injured when he became grossly intoxicated at a private bar he was a due paying member. Prior to the accident the two bartenders who served him had visited him at an alcohol rehabilitation center. The Plaintiff left the premises and went to a local pond with two girls via motor vehicle. The Plaintiff in an extremely intoxicated state dove into pond, fracturing his neck. Plaintiff was rendered a quadriplegic.
The burden was on the Plaintiff to prove willful, wanton and reckless conduct by the Defendant. Both sides agreed to mediate, after the first mediation the case did not settle but both parties agreed. After a second mediation the case settled for $1,500,000.00.
Wrongful Death: Automobile Accident
$1,300,000.00
The Plaintiffs were husband and wife traveling as passengers in an automobile that went through a red light causing a collision. The wife deceased due to crush injuries and the husband survived with serious multiple injuries.
The Defendant's insurer offered $1,300,000.00 by telephone negotiations.
Medical Malpractice Claim
$500,000.00
The Plaintiff went to a hospital on the North Shore to have her gall bladder removed by laparoscopic surgery. During the surgery the surgeon accidentally cut the Plaintiff's bile duct necessitating a repair. The surgeon attempted a repair he had never done before. Three days later the Plaintiff was transferred to a Boston Hospital.
The case settled one week prior to trial. The Plaintiff accepted the insurer's settlement of $500,000.00.
Social Host Liability: Dram Shop: Automobile Accident
$255,000.00
The Plaintiff was seriously injured in an automobile accident when struck by an intoxicated operator of a motor vehicle who swerved into his lane. Prior to the accident the Defendant, the intoxicated operator was served alcoholic beverages at a house party and then stopped at a bar for one drink. A lawsuit was filed against the intoxicated driver, the host of the house party, and the owner of the bar. The Plaintiff sustained a fractured pelvis and a crush injury to his ankle.
Prior to trial this case was brought to mediation. The insurer for the intoxicated operator tendered the policy limit of $25,000.00, the insurer for the homeowner tendered the policy limit of $100,000.00, and the insurer for the bar offered $130,000.00. The Plaintiff received a total of $255,000.00.
Motor Vehicle Accident: Truck Accident on Route 93
$200,000.00
The plaintiff was operating a four door sedan and the defendant was operating a tractor trailer on Route 93 North. While the plaintiff was driving straight in her lane of traffic the tractor trailer misjudged a lane change causing a collision with the plaintiff.
The plaintiff suffered multiple soft tissue injuries and a rotator cuff tear necessitating surgery. Negotiations began by phone with the insurance company. This case was finalized when brought to mediation and settlement was reached at $200,000.00. The mediator opined "tremendous results" on a torn rotator cuff.
Motor Vehicle Accident: Spinal Fusion
$215,000.00
Plaintiff a self-employed contractor was clipped in the rear by the Defendant totaling Plaintiff's vehicle. Plaintiff sustained a herniated disc necessitating fusion surgery. Plaintiff accrued approximately $50,000 in medical bills and missed approximately eight months of work.
A lawsuit was filed and after several years of litigation the matter was settled for $215,000 prior to trial.
Wrongful Death: Pedestrian (decedent) dropped off by a bus in a non-designated area
$163,000.00
The decedent was dropped off at an area that was not designated for "bus drop off". The decedent was a pedestrian accompanied by her husband and friends. The pedestrian was struck by an oncoming vehicle and suffered immediate crush injuries causing her death.
Attorney Bill Doyle pursued the bus company for the wrongful death of his plaintiff, the decedent. He argued the bus company breached their duty of care when dropping off the plaintiff in a non-designated area, further he argued the bus company has a duty to assure passenger safety while driving and dropping off their passengers.
This case settled at mediation prior to trial for $163,000.00.
Motor Vehicle Accident: Torn Rotator Cuff
$110,000.00
The Plaintiff was injured in a chain reaction collision. He suffered from a torn rotator cuff to his right shoulder. The Plaintiff's injury necessitated surgery.
The case settled prior to filing a lawsuit for $110,000.00.
Slip and Fall: Due to a defect or want of repair in a parking lot
$65,000.00
The plaintiff had just parked her vehicle and was walking towards a store in a strip mall when she fell due to a defect. The defect that caused her to fall was a hole in the parking lot asphalt. The plaintiff suffered a fractured wrist and underwent rehabilitation for her injury. Our argument was based on the duty a landlord owes to maintain his premises in a reasonable safe condition.
The case settled by negotiations over the phone at $65,000.00.
Scalia v. Liberty Mutual Insurance Company
Attorney Doyle argued this case on behalf of the Plaintiff in front of the Massachusetts Appeals Court on February 15, 1995. The Defendant Liberty Mutual Insurance Company appealed an unfavorable lower court opinion. The issue in this case was whether live expert medical testimony is required to rebut the opinion of an expert opinion rendered in writing on behalf of the insurance company regarding the issue of reasonable and necessary medical treatment. The lower court opined that medical records certified under the appropriate statute and the testimony of the plaintiff was enough to establish the standard of reasonable and necessary medical treatment thus not requiring the live testimony of a medical expert. Both sides submitted written briefs and made oral arguments.
On May 10, 1995 the Massachusetts Appeals Court wrote an opinion supporting Attorney Doyle's position.
