New Mexico Injury Attorney Blog

Medical Malpractice for Birth Injuries Bring More Large Verdicts

Birth injuries often have permanent and catastrophic consequences for the injured baby and the family. Birth injuries are not always preventable. There are birth injuries that simply cannot be avoided. On the other hand, birth injuries on many occasions result from medical negligence. In these cases, the child and the family are entitled to the…

Third Party Liability in Construction Accident Avoids Limits of Workers Compensation Laws

Construction accidents can be devastating. They are generally far more serious than other workplace injuries. Often times, unlike run of the mill workplace accidents, construction accidents result in permanent injuries and even death. Workers compensation laws, including those in New Mexico, presumably drafted to protect workers instead generally place a grossly inadequate cap on the…

Burger King Playground Injury Settlement

A settlement of $20 million was reached in March 2009 in the a lawsuit against Burger King for the devastating brain injuries suffered by a 12 year old boy in a 2005 fall from a play structure inside a Burger King facility. The boy was playing with his 5 year old sister on the play…

Ford Settles Defective Product Lawsuit with Woman Left Paralyzed in Auto Accident

Following a $16 million verdict, Ford Motor Company settles with a woman left paralyzed in an auto accident. The settlement came as the jury considered additional punitive damages against the manufacturer for design defects in the rear seat latch on its Explorer model. The $16 million verdict came despite the fact that the cause of…

Another Huge Nursing Home Neglect Verdict Handed Down by Jury

It seems that juries across the country are equally appalled by nursing home abuse and neglect as they are in Albuquerque. An Albuquerque jury recently dinged ResCare, Inc. and ResCare New Mexico for $54 million for nursing home neglect and abuse. Notably, the punitive damages awarded against ResCare approached $50 million. The ResCare case involved…

New Mexico Court Takes #5 Honors on List of Judicial Hellholes

The American Tort Reform Association named the New Mexico appellate courts #5 on their list of judicial hellholes. Among the reasons for the listing was the refusal to adopt the baseball rule in a lawsuit against the Albuquerque Isotopes ballpark when a spectator was badly injured by a baseball. The report neglects to address the…

Medical Malpractice Verdict for Brain Damage from Birth Related Infection

A jury awarded a family $7.4 million for the brain damage that their child suffered as a result of an untreated infection at birth. The child, Paris Campen, suffered brain damage when the neonatal intensive care unit at Cedars-Sinai Medical Center failed to properly treat the newborn‘s infection. As a result of the medical malpractice…

Punitive Damages in New Mexico: What is Reasonable?

The $100 million award of punitive damages against British Petroleum for workers injured by a toxic chemical release raise some interesting issues for New Mexico law. The federal court case in Texas offers some precedent but punitive damages awards are governed by state law. It seems unlikely that the award against BP would stand due…

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