University New Mexico Leukemia Malpractice Website Is Live

A website has been established for a $38 million University New Mexico class action settlement, resolving claims of widespread medical malpractice.

Though the website is live, the settlement is not accepting claims at this time. A judge has yet to approve the settlement deal. Top Class Actions will provide information on how to file a claim as soon as the details are available.

The settlement resolves class action lawsuit claims that the University of New Mexico Hospital failed to properly treat pediatric patients suffering from acute lymphoblastic leukemia between 1977 and 1997, resulting in death as recently as 2019.

“At University of New Mexico Health, patient care is our highest priority,” a spokeswoman said in an email statement to the Santa Fe New Mexican.

“This lawsuit was brought on behalf of families whose children received cancer care at UNM Hospitals prior to 2000. It is our hope that the proposed settlement filed with the court helps to recognize the profound loss suffered by those families whose children passed away.”

The University New Mexico class action lawsuit was filed in 2001 by plaintiffs whose family members allegedly died despite being treated for pediatric acute lymphoblastic leukemia at the University of New Mexico hospitals.

Acute lymphoblastic leukemia is a form of cancer that develops in the bone marrow and quickly spreads to the blood, lymph nodes, liver, spleen, and central nervous system.

This fast growing form of leukemia can reportedly cause deaths within months of a diagnosis, meaning that prompt treatment is important.

According to the plaintiffs, the university’s pediatric cancer center was “incompetent” and unable to treat patients with acute lymphoblastic leukemia despite repeated representations to the contrary.

The University New Mexico Health Sciences Center was allegedly promoted throughout New Mexico as a competent facility which provided “state-of-the-art” treatment to children with cancer.

As a result, numerous doctors reportedly referred their pediatric cancer patients to the center. Unfortunately, these patients were allegedly mistreated.

“Providing medical care and treatment to pediatric cancer patients is intrinsically and inherently dangerous and involves a peculiar risk,” the University New Mexico pediatric cancer class action lawsuit notes. “If appropriate skill and training are not applied, the patient can certainly die.”

The health center allegedly mistreated around 1,400 children at their pediatric cancer center. The treatment provided to these patients was reportedly unacceptable and failed to meet treatment standards.

“UNMH failed to provide safety measures to assure the proper treatment of its pediatric cancer patients,” the University New Mexico class action lawsuit alleges. “The safety mechanism of the Institutional Review Board; a tumor board; and a review of patient outcomes in the pediatric oncology department were not adequately or properly utilized.”

As a result of this “negligent” operation, children allegedly did not receive the care that they needed and suffered from low survival rates. The plaintiffs note that survival rates of University of New Mexico pediatric cancer patients were “well below” published national rates.

The plaintiffs argued that they had no way of knowing that the University New Mexico health center was unable to provide sufficient treatment to their children. Had they known, they would have reportedly taken their children elsewhere.

As a result of the alleged mistreatment of acute lymphoblastic leukemia patients at the University of New Mexico, numerous patients died from the cancer.

The University of New Mexico has not admitted any wrongdoing but has agreed to resolve the claims against them in a $38 million settlement.

The settlement benefits statutory beneficiaries of all pediatric cancer patients with an acute lymphoblastic leukemia diagnoses who were treated at the University of New Mexico Health Sciences Center between Jan. 1, 1977 and March 31, 1997, if the patient died before Dec. 1, 2019.

Statutory beneficiaries could include parents, siblings, spouses, children, or other family members.

Payments under the settlement will vary, according to the recently established website. However, payment amounts will reportedly depend on several factors including whether a deceased pediatric cancer patent has statutory beneficiaries entitled to compensation, the number of total claims filed, and the net settlement fund after various awards and expenses are deducted.

In order to benefit from the settlement, eligible Class Members must file a claim form. Although the claims filing process is not yet open, Class Members can register to receive updates regarding the settlement on the new website.

Have you or a family member been the victim of medical negligence or malpractice? Share your story in the comment section below.

Plaintiffs and the settlement Class Members are represented by Jacob G. Vigil of Vigil Law Firm P.A.; Joseph Goldberg, Vincent J. Ward, and Frank T. Davis of Freedman Boyd Hollander; and Catherine D. Bertram of Bertram Law Group.

The University New Mexico Class Action Lawsuit is Cummings v. Board of Regents of the University of New Mexico, et al., Case No. CV-2001-00579, in the Second Judicial District Court for the State of New Mexico.

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