Smith v. New Mexico Corrections Department, Wexford Health Sources, et al
- Filing Date: TBA
- Filing Date: 02/15/2024
- Medical Negligence: Failure to provide proper medical care and attention leading to a diagnosis of osteomyelitis, requiring surgery.
- New Mexico Civil Rights Act: Recklessness and grossly indifferent disregard for the civil rights and safety of Mr. Zuniga.
- Filing Date: 08/25/2023
- Medical Negligence: Failure to treat a serious infection that resulted in abscess in the spine and continuing failure to provide proper medical care and attention.
- New Mexico Civil Rights Act: Gross negligence, recklessness, deliberate indifference to Mr. Vigil’s health and safety, and deliberate and callous refusal of proper medical care.
- Filing date: March 20, 2023
- Medical negligence: failure to diagnose, treat, and take relevant follow-up for subcutaneous emphysema, despite relevant history, resulting in his death.
- New Mexico Civil Rights Claims: failure to provide proper medical care in violation of Article II, § 13 of the New Mexico State Constitution, deliberate indifference to substantial risk of serious harm caused by these failures, violations of due process and violations of the Equal Protection Clause, Article II § 18 and 13 of the New Mexico State Constitution, respectively, policy and practice of denial of care, amounting to cruel and unusual punishment.
- Filing date: 03/31/2023
- Medical negligence: failure to appropriately monitor and evaluate COVID-19, leading to respiratory failure, septic shock, pneumonia, and multi-organ failure, resulting in his death.
- New Mexico Civil Rights Claims: failure to provide proper medical care in violation of Article II, § 13 of the New Mexico State Constitution, deliberate indifference to substantial risk of serious harm caused by these failures, violations of due process and violations of the Equal Protection Clause, Article II § 18 and 13 of the New Mexico State Constitution, respectively, policy and practice of denial of care, amounting to cruel and unusual punishment.
- Filing Date: 07/13/2023
- Medical Negligence: Failure to provide proper medical care and attention, resulting in the rapid deterioration of Mr. Romero’s health and alleged amputation surgery. Mr. Romero’s wife has been unable to get in contact with Mr. Romero and his health status is currently unknown.
- New Mexico Civil Rights Act: Gross negligence, reckless disregard, and deliberate indifference to serious medical needs.
- Filing Date: 03/28/2023
- Medical Negligence: Failure to treat injured leg despite multiple requests for medical care. The untreated leg became infected and led to sepsis, resulting in wrongful death.
- New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference, leading to wrongful death.
- Filing date: 01/10/2023
- Medical negligence: failure to attend to wound, leading to Staph infection that led to permanent brain injury.
- Filing date: September 21, 2022
- Medical negligence: failure to appropriately follow up on injuries caused prior to incarceration, failure to diagnose signs of infection and make appropriate referrals, leading to delayed treatment of a spinal infection.
- Filing Date: 08/30/2022
- Medical Negligence: failure to properly diagnose and treat spinal osteomyelitis for four months resulting in permanent spinal damage, and continuing failure to provide physical therapy and pain medication
- New Mexico Civil Rights Claims: failure to provide medical care , deliberate indifference to Mr. Roybal’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution
- Filing Date: 07/05/2022
- Medical Negligence: failure to properly diagnose and treat a long-term ear infection, leading to permanent hearing loss
- New Mexico Civil Rights Claims: failure to provide medical care , deliberate indifference to Ms. Melendrez’ medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution
- Filing Date: 05/06/2022
- Medical Negligence: the case involved extreme inexcusable medical neglect by NMCD and Wexford resulting in endocarditis (heart infection), multiple hospitalizations and multiple heart surgeries. The endocarditis, hospitalizations and heart surgeries were easily avoidable with even marginally competent medical care.
- New Mexico Civil Rights Claims: failure to provide medical care , deliberate indifference to Mr. Hallum’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution
- Filing Date: 03/05/2020
- Medical negligence and Wrongful Death: failure to diagnose and treat emergent infection leading to endocarditis (heart infection), lengthy hospitalization and death. The case also involves the unlawful withdrawal of medical care without legal authorization and against the wishes of the family.
- Filing Date: 04/11/2019
- Medical negligence: failure to diagnose and treat emergent infection leading to spinal osteomyelitis with epidural abscess.
- Filing Date: 03/22/19
- Medical negligence: failure to diagnose and treat emergent infection leading to spinal discitis and osteomyelitis with multiple lengthy hospitalizations.
- Filing Date: 03/14/19
- Medical negligence: failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).
- Filing Date: 03/07/19
- Medical negligence: failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).
- Filing Date: 03/07/2019
- Medical negligence: failure to diagnose and treat pressure ulcer of paraplegic inmate leading to multiple, lengthy hospitalizations.
- Filing Date: 03/05/19
- Medical negligence: failure to diagnose and treat emergent infection leading to spinal diskitis with osteomyelitis with extensive hospitalization.
- Filing Date: 01/04/2018
- Medical negligence leading to Wrongful Death: failure to diagnose and treat emergent infection leading to epidural abscess, paravertebral abscess, sepsis, septic emboli of the kidney, pneumonia and atelectasis of the lungs, flaccid paralysis and psoas abscess.
- Filing Date: 10/16/2021
- Medical negligence and Wrongful Death: failure to monitor broken ribs suffered in a fall leading to pneumonia, COVID and wrongful death.
- Filing Date: 10/29/21
- Medical negligence: failure to diagnose and treat pneumonia leading to wrongful death.
- Filing Date: 08/25/2021
- Medical negligence and Wrongful Death: failure to properly and timely diagnose hepatic encephalopathy despite obvious severe symptoms leading to death.
- Filing Date: 12/30/21
- Claims: The case began in state court with state court claims for medical negligence for failure to properly diagnose and treat an emergent infection leading spinal osteomyelitis and extensive hospitalization. After collection of evidence in the state law case, it became apparent that the extreme medical neglect arose to the level of federal claims under §1983, Americans with Disabilities Act, Rehab Act.
- Filing Date: 01/27/2022
- Claims: The case began in state court with state court claims for medical negligence for failure to properly diagnose and treat an emergent infection leading infective endocarditis and wrongful death. After collection of evidence in the state law case, it became apparent that the extreme medical neglect arose to the level of federal claims under §1983, Americans with Disabilities Act, Rehab Act.
Neglect of Mental Illness:
People suffering severe mental health issues are denied even basic mental health services leading to worsening mental health, desperation and suicide.
- Filing date: 04/10/2023
- Medical negligence: failure to address mental health/medical crisis, despite known history of schizophrenia, leading to self-infliction of a traumatic brain injury and death.
- Filing Date: 06/16/2022
- Medical negligence, Wrongful Death and Violations of New Mexico Civil Rights Act: callous, cruel, reckless and deliberate refusal to provide proper mental health services to an inmate with severe mental illness leading to avoidable suicide.
- New Mexico Civil Rights Claims: failure to provide medical care , deliberate indifference to Mr. Hallum’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution
- Filing Date: 03/17/2022
- Medical negligence: callous, cruel, reckless and deliberate refusal to provide proper mental health services to an inmate with severe mental illness, multiple suicide attempts and ongoing suicidal ideation leading to the avoidable suicide.
- Filing Date: 01/15/2019
- Medical negligence: callous, cruel, reckless and deliberate refusal to provide proper mental health services to an inmate with severe mental illness, multiple suicide attempts and ongoing suicidal ideation leading to the avoidable suicide only 4 hours after the suicide of Keith Kosirog in the same pod in NMCD’s Mental Health Treatment Center.
- Filing Date: 11/10/2021
- Medical Negligence: Failure to provide mental health services to inmate suffering severe psychological distress leading to death by suicide.
- Filing Date: 01/15/2019
- Medical negligence: callous, cruel, reckless and deliberate refusal to provide proper mental health services to a combat veteran inmate with severe mental illness, multiple suicide attempts and ongoing suicidal ideation leading to the avoidable suicide in NMCD’s Mental Health Treatment Center. The suicide of Adonus Encinias occurred only 4 hours later in the same pod illustrating the callous indifference to the mental health needs of NMCD inmates
- Filing Date: 12/22/2021
- Claims: The case began in state court with state court claims for medical negligence for failure to provide proper care for a 23 year old inmate with a history of severe mental health issues, suicide attempts and ongoing suicidal ideation leading to wrongful death. After collection of evidence in the state law case, it became apparent that the extreme medical neglect arose to the level of federal claims under §1983, Americans with Disabilities Act, Rehab Act.
- Filing Date: 12/16/2019
- Claims: The case began in state court with state court claims for medical negligence for failure to provide proper care for a 23 year old inmate with a history of severe mental health issues, suicide attempts and ongoing suicidal ideation leading to wrongful death. After collection of evidence in the state law case, it became apparent that the extreme medical neglect arose to the level of federal claims under §1983, Americans with Disabilities Act, Rehab Act.
Neglect of Diabetes:
Prisons and jails routninely fail to provide proper and timelymedication. The food served is often toxic for diabetics.- Filing Date: 11/25/2020
- Medical negligence: failure to properly treat diabetes leading to non healing ulcer that progressed to osteomyelitis, and infective myositis leading to lengthy hospitalization and partial amputation of foot.
- Filing Date: 11/04/2019
- Medical negligence: failure to properly treat diabetes leading to osteomyelitis and cellulitis in the foot resulting in lengthy hospitalization and partial amputation.
Estate of Colin O’Keefe v. NMCD, Wexford, et al
- Filing Date: TBA
Detox Deaths:
Jail is no place for an addict. There are rarely proper detox regimens and qualified medical personnel in place leading to untold numbers of jail deaths.Estate of Robert Torivio v. Bernalillo County, UNMH, et al
- Filing Date: TBA
- Filing Date: 02/20/2023
- Medical Negligence: Failure to provide proper medical attention resulting in Ms. Trujillo’s death only three days after being in MDC’s custody. Negligence and recklessness while holding Ms. Trujillo in custody, accusing her of “faking” detoxing.
- New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference.
- Filing date: September 28, 2022
- Medical negligence: failure to monitor detox and withdrawal symptoms, leading to his death.
- Filing Date: 08/10/2021
- Medical Negligence: Failure to provide proper drug detoxification and monitoring leading to wrongful death as a result of toxic effects of methamphetamine and opiate withdrawal.
- Possible Federal §1983:, ADA and Rehab Act Claims During the tenure of Centurion Detention Health Services at MDC, there were an inexcusably large number of detox deaths well documented in the press. It is expected that as evidence is collected in the case, federal claims under §1983:, ADA and Rehab Act.
Intenitonal Infliction of Pain and Emotional Distress
- Filing Date: 05/05/2023
- Medical Negligence: Ms. Bordegaray was forced to witness the slow and agonizing death of a fellow inmate. Was also improperly placed in detox despite being clean and sober.
- New Mexico Civil Rights Act: Gross negligence and actionable misconduct under the New Mexico Civil Rights Act.
- Filing Date: 04/14/2023
- Medical Negligence: Failure to take proper action in protecting Ms. Abarca from witnessing a fellow inmate’s suicide and was threatened when she attempted to intervene. Incorrectly placed Ms. Abarca in a detox pod.
- New Mexico Civil Rights Act: Gross negligence, reckless disregard, and deliberate indifference to serious medical needs.
- Filing Date: 12/21/2021
- Medical Negligence: this case began as an evaluation of a potential medical negligence claim for lengthy failure to treat a severely broken arm and associated cruel and deliberate indifference to extraordinary pain.
- New Mexico Civil Rights Claims: during the evaluation process of medical neglect, the inmate was instructed to file medical grievances per the requirements of the Prison Litigation Reform Act and its New Mexico counterpart. Counsel for the inmate also sent out numerous Tort Claims Notices per the requirements of the New Mexico Tort Claims Act due to the continuing refusal to provide proper medical care for the broken arm. In retaliation for the medical grievances and Tort Claims Notice, NMCD personnel violently attacked the inmate on two separate occasions. The retaliation and the continued neglect of the inmate’s broken arm and severe pain that occurred after July 1, 2021, NMCRA claims were added to the medical negligence claims.
Failure to Manage Chronic Disease
- Filing date: July 24, 2023
- Medical negligence: failure to address and treat pain from a burst gallbladder and cirrhosis of the liver, failure to treat stage 4 cirrhosis diagnosis, failure to address degenerative disc disease, leading to an inability to walk.
- Filing Date: 12/21/2021
- Medical Negligence Leading to Death: failure to properly evaluate extreme pain with delayed diagnosis and treatment of acute hyperkalemia, rhabdomyolysis, aortic occlusion, vasculopathy, hypotension, ventricular tachycardia, anuric stage III acute kidney injury leading to wrongful death.
- Filing Date: 11/10/2021
- Medical Negligence Leading to Death: failure to properly evaluate extreme pain with delayed diagnosis and treatment of acute aortic valve infective endocarditis, severe sepsis, acute aortic regurgitation, pulmonary edema, elevated LFTs, heart failure with reduced ejection fraction, sepsis versus cardiogenic shock, presumed bacteremia, troponinemia likely due to demand ischemia, bilateral pulmonary edema leading to wrongful death.
- Filing Date: 10/27/2021
- Medical negligence: failure to diagnose and treat emergent infection leading to infective endocarditis resulted in severe sepsis secondary to presumed bacteremia, multiple pulmonary septic emboli, splenic infarct and multiorgan failure (acute heart failure and acute kidney injury) with lengthy hospitalization.
- Filing Date: 11/30/2020
- Medical negligence: failure to diagnose and treat emergent infection leading to spinal osteomyelitis with lengthy hospitalization.
- Filing Date: 08/31/2021
- Medical negligence: failure to diagnose and treat emergent infection leading to spinal diskitis with osteomyelitis with extensive hospitalization.
- Filing Date: 3.5.2021
- Medical Negligence: failure to monitor symptoms related to a medical history of septic arthritis, resulting in delayed diagnosis of septic arthritis, posterior leg abscess, osseous sequela of chronic septic arthritis, and acute kidney damage
- Filing Date: 02/10/2021
- Medical negligence: failure to diagnose and treat emergent infection leading to septic emboli, endocarditis (heart infection)and lengthy hospitalization.
- Filing Date: 10/19/2021
- Medical Negligence: failure to diagnose and treat emergent infection leading to osteomyelitis/discitis with partial vertebral collapse, kyphosis, and stenosis leading to severe sepsis
- Filing Date: 03/07/19
- Medical negligence: failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).
- Filing Date: 11/25/2020
- Medical negligence: failure to diagnose and treat emergent infection leading to osteomyelitis in the leg requiring lengthy hospitalization and ultimate below knee amputation.
- Filing Date: 11/25/2020
- Medical negligence: failure to treat Hepatitis C leading to cirrhosis of the liver.
- Filing Date: 08/21/2021
- Medical negligence: failure to properly treat diabetes and failure to provide proper diabetic diet leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess)diabetic retinopathy, blindness, stage 5 renal failure and lifetime daily dialysis.
- Filing Date: 02/15/2021
- Medical negligence: failure to treat diabetes leading to diagnosis of necrotizing fasciitis, sepsis, acute kidney injury and multiple lengthy hospitalizations.
- Filing Date: 12/15/2020
- Medical negligence: failure to properly treat hepatitis B leading to cirrhosis.
Failure to Diagnose and Treat Heart Failure Leading to Death
- Filing Date: 03/19/2019
- Medical Negligence: Failure to properly diagnose and treat heart failure leading to death.
Prison Rape Elimination Act (PREA) Lawsuits
- Filing Date: 05/31/2022
- Medical Negligence: Ms. Jaramillo and another female inmate were subjected to inappropriate sexual relations and harassment by a corrections officer for months. Ms. Jaramillo was threatened if she refused to comply and engage in sexual acts.
- New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference under the New Mexico Civil Rights Act.
Injunctive Relief
- Filing Date: 05/21/2021
- Challenge to the constitutionality of NMCD’s medical grievance process which serves purely to prevent inmates from access to the Courts for even extreme medical neglect. The abuses of the medical grievance process are made possible by the Prison Litigation Reform Act and the New Mexico counterpart which prevent an inmate from filing a medical negligence lawsuit unless the inmate has exhausted (completed) the medical grievance process. NMCD’s medical grievance process is wrought with obstruction to prevent completion of the grievance process including destruction and concealment of filed grievances, threats of retaliation for filing grievances and even violent retaliation for having filed medical grievance as occurred in Chacon v. NMCD, et al.
- Outcome: Dismissed for lack of court jurisdiction over NMCD internal policies and procedures
- Future Action: Collins & Collins, P.C. continues to try to reform the corrupt and broken NMCD medical grievance system (and grievance system generally). Due the court’s position that it lacked jurisdiction, the firm is now attacking the medical grievance system on a individual client basis under the New Mexico Civil Rights Act, effective date 07/01/2021, as we have done in Adrian Chacon v. NMCD, Wexford, et al.
Prison and Jail Whistleblower Lawsuits:
Whistleblower and Employment Lawsuits
- Filing Date: 09/13/2023
- Complaint and Petition for Injunctive Relief: This was filed on behalf of four NMCD correctional officers at Central New Mexico Correctional Facility (CNMCF) in Los Lunas, New Mexico
- Facts: The whistleblowers tried everything they could to sound alerts regarding extremely dangerous conditions at CNMCF related to recklessly low staffing of correctional officers, gross medical and mental health neglect and extreme nutritional neglect of prisoners at CNMCF. The conditions put everyone in or around CNMCF in danger, including neighborhoods in close proximity. These conditions have led to a dramatic increase in inmate on inmate and inmate on correctional officers assaults. Since filing the suit, at least one inmate, Colin O’Keefe, has died as a result of the conditions. There are undoubtedly more that have died and will die. It is very possible that correctional officers and medical personnel could also suffer grave injury or death as has already occurred.
- Retaliation and Intimidation: Since filing the complaint, the plaintiffs have suffered extraordinary levels of retaliation and intimidation. One plaintiff, Officer Sonja Boucher, was forced from her job under relentness intimidaiton and retaliation for having spoken up about conditions. Another, Sgt. Dominic Baca, has suffered extremed rataliation and intimidation including retaliatiory demotion from sergeant. The retaliation and intimidation does not stop with the Plaintiffs in the suite, witnesses and supporters have suffered retaliaiton and intimidation as well.
- NMCD is Corrupt and Broken: The culture that allows this behavior has been created by those at the top over many years. These brave correctional officers knew they would be retaliated against but they feared for the safety and lives of their fellow officers, medical personnel and yes, prisoners.
- Filing Date: 03/21/2024
- Whistleblower Complaint: Sgt. Dominic Baca was a Plaintiff to the original Whistleblower Complaint and Petition for Injunctive Relief filed 09/13/2023
- . Since the complaint was filed, he has suffered relentness retaliation and intimidation. He has been ostracized by the supervisors, deputy wardens, and wardens who have discouraged any contact with Sgt. Baca by other officers and even medical personnel. One medical employee was walked out and terminated with hours of expressing support for Sgt. Baca in the presence of a supervisors. The last straw was the unlawful demotion of Sgt. Baca on false pretenses. Consequently, the Whistleblower suit was filed on 03/21/2024.
Tracie Egan v. Wexford, NMCD, et al
- Filing Date: TBA
Sonja Boucher v. NMCD, et al
- Filing Date: TBA
- Whistleblower Complaint: Officer Boucher is the lead plaintiff in the original Whistleblower Complaint and Petition for Injunctive Relief filed 09/13/2023. After filing, Officer Boucher suffered unbearable retaliation and intimidation. She was forced from her job as a result of intentional infliction of emotional distress inflicted upon her by NMCD and its supervisory and managerial level employees and staff.
Lisa Padilla v. NMCD, et al
- Filing Date: TBA