Cases
Tried in Southern New Mexico state court, the jury returned a verdict of $67 million against the Biotronik company and its sales representatives for implanting pacemakers and defibrillators into patients who did not really need them.
Tried in 2016 in Albuquerque state court, the judge returned a verdict of over $2 million against Zimmer for strict product liability in the case of a defective hip implant. The hip implant resulted in cobalt chromium shavings sloughing off inside the patient, resulting in poisoning from metallosis.
- Webb v. Presbyterian Hospital
Tried to an Albuquerque jury in 2017, this resulted in a verdict of over $7 million against Presbyterian Hospital. Because the hospital didn't follow its own rules about turning immobile patients every 2 hours in the ICU, our client, Mr. Webb, developed a stage 4 pressure ulcer on his backside that went all the way down to the bone and created a permanent hole.
- Herald v. UNM Board of Regents
This was a Whistleblower case tried before a jury in 2017. Our client, a medical resident reported to her supervisors that she was raped by a senior anesthesiology resident. Within eight months, she was forced out of the residency program and he was graduating to go out into practice. UNM never investigated or reported the rape. This case settled the night before closing argument after a 2 week trial.
- McConnell for Victorina Garcia v. Allsup''s
Workplace violence wrongful death jury trial which settled minutes before $51 million jury verdict against the Allsup''s Corporation. Despite knowledge of security rules, practices and devices which would have protected workers, the largest convenience store chain in the Southwest had repeatedly risked the lives of its clerks by requiring them to work alone on the high crime, graveyard shift without any security. More than 13 clerks had been killed working alone in this fashion and countless others had been assaulted, beaten, stabbed, shot, threatened and raped. Elizabeth Garcia was kidnapped at knifepoint on her second day alone on the graveyard shift in this high crime store. She was raped and died after being stabbed 56 times. She left 3 young children who are being well-taken care of by the jury''s work and their grandmother, Victorina Garcia. Best of all were the changes the family brought about through their testimony at state OSHA, which implemented the strictest late night convenience store rules in the country requiring stores to choose on graveyard shift between 2 clerks on duty, clerk & security guard, bullet resistant enclosure or closing the store. No one has been killed in a convenience store in NM since while following these rules.
Case in which we changed New Mexico law to allow workers killed or injured on the job to sue their employer outside the Worker''s Compensation Act when the employer''s conduct was in reckless disregard of the employee''s safety. Reynaldo "Junior" Delgado was burned to death after being ordered over his objection to drive a Kresshaul truck down a tunnel to pick up a 3 ton ladle of overflowing molten slag, which was hotter than lava. The Kresshaul, which the company had chosen not to retro-fit with fire suppression equipment, caught fire and Junior was engulfed in flames. He lived for 23 days with 3rd degree burns over 85% of his body and then died, leaving a wife and 2 young daughters. His courageous wife went to work to support the family during the 6 years of litigation and appeal, rather than accept the small amount of workers compensation death benefits being offered. As a result of her fortitude, she changed the law for all future workers who employers risk their lives to increase production or make more money.
Recognized in Best Lawyers since 1993 
