GBW Attorneys Obtain Groundbreaking $39 Million Jury Verdict Against the Regents of The University of California for Doctor's Whistleblower Retaliation

LOS ANGELES, Aug. 14, 2023 /PRNewswire/ -- A San Diego jury reached a remarkable verdict on August 2, 2023, awarding a doctor-turned-whistleblower more than $39 million in damages after UC San Diego (UCSD) decided not to renew his contract.

The jury unequivocally supported Dr. Kevin Murphy in his retaliation case against the UC Regents in San Diego Superior Court.

The trial focused on a $10 million donation for research at UCSD. Dr. Murphy, age 55, contended that the university diverted these funds to the Moores Cancer Center without obtaining his consent. When he acted as a whistleblower to expose this wrongdoing, he faced severe backlash and ultimately lost his job.

During the trial, the plaintiff's attorneys, Mark Quigley and Ivan Puchalt, were able to prove to the jury that the Regents failed to investigate Dr. Murphy's multiple whistleblower retaliation complaints and permitted the retaliation against him to spiral out of control. The jury awarded Dr. Murphy approximately $10 million in economic damage and $30 million in damages in past and future emotional distress, including damage to his reputation, humiliation, embarrassment, shame, and financial hardship.

Dr. Murphy's inventive methodology, PrTMS (Personalized Repetitive Transcranial Magnetic Stimulation), has shown promise in delivering superior outcomes to existing treatments for conditions like depression, post-traumatic stress disorder, autism, and concussions.

One of Dr. Murphy's patients demonstrated significant faith in his work by donating $10 million to support clinical trials on PrTMS. However, this substantial contribution became contentious between Dr. Murphy and UCSD.

While Dr. Murphy maintained that these funds were designated for his research initiatives, UCSD administrators argued that he violated their policies by utilizing the money for his business interests.

"Through this trial, we have painstakingly highlighted the stark disparity between the defendant's practices and Dr. Murphy's commitment to honor the donor's intent. We firmly believe the jury now comprehends the immense injustice he has endured," said Mark Quigley.

For the past seven years, the former department vice chair and esteemed oncologist at UC San Diego, Dr. Murphy, persistently asserted that the University of California tried to appropriate a $10 million fund earmarked for his research. After speaking out against these improprieties, he alleged that top officials initiated a public campaign to tarnish his reputation, which escalated over time.

Facing off against Dr. Murphy was the formidable entity of the University of California, which, due to its significant revenue generation, marshaled an extensive team of lawyers to counter his claims. The university initiated legal action against Dr. Murphy, accusing him of fraud and misusing university funds for personal gain.

The law mandates that whistleblowers wait 18 months before suing the university. When it was apparent that Dr. Murphy would sue after this waiting period, the Regents decided to play offense and sued Dr. Murphy and his two companies three days before the statutory deadline.

The court consolidated both lawsuits into a monumental eight-week trial, with both parties seeking millions in damages. The jury awarded the Regents just over $67,000 on its claim for breach of duty of loyalty. Dr. Murphy and his businesses were defended by Doug Petit and Matt Smith of Pettit Kohn Ingrassia Lutz & Dolin PC. 

During the trial proceedings, Dr. Murphy detailed how the conflict with the institution detrimentally impacted his professional and personal life. This situation adversely affected his career progression, finances, personal relationships, and the businesses dedicated to his innovative brain stimulation therapies.

Dr. Murphy testified during the trial, "I was on the cusp of the peak of my career when all of this transpired."

Throughout the trial, Dr. Murphy held onto his convictions, affirming that he has no regrets about speaking out against UCSD, despite the setbacks endured by him and his businesses. "I did what was right and would do it again," he asserted.

"Dr. Murphy epitomizes the whistleblower who displayed the courage to expose wrongdoing within the institution he dedicated his career to. This verdict unveils the truth behind UCSD's efforts to retaliate and besmirch him for simply doing what was right," said Ivan Puchalt.

"This was a win for all employees in the UC system; the institution should encourage whistleblowers, not fire them and character assassinate them," added Kevin Murphy, M.D.

Mark Quigley and Ivan Puchalt led the plaintiff's trial team from Greene Broillet & Wheeler, LLP, a Los Angeles law firm that has successfully recovered billions for clients across California and the nation.

The case name is Murphy, M.D. vs. The Regents of The University of California
No: 37-2020-00032541-CU-BT-CTL San Diego County Superior Court

Media Contact: Gina Fernandes | [email protected] | 626-365-3006

SOURCE Greene Broillet & Wheeler, LLP