Prison and Jail Medical Neglect Lawsuits filed by Collins & Collins, P.C.

State Court Medical Malpractice Lawsuits v. NMCD and its Medical Contractors

The cases below were filed in the New Mexico state courts for state law medical malpractice claims against NMCD and its medical contractors.  Many of the medical malpractice lawsuits have involved the failure to diagnose and treat emergent infections resulting in weeks of months of hospitalizations and/or wrongful death.  Lawsuits have also been filed for failure to diagnose and/or treat diabetes, hepatitis and pneumonia.  Several of the cases involve the wrongful death of inmates.  None of the cases are subtle.  All of the cases involve extreme medical neglect.

Pattern and Practice Under §1983

The many cases filed by Collins & Collins, P.C. along with the hundreds of Tort Claims Notices and Notice of New Mexico Civil Rights violations have over the past 5 years begun to illustrate pattern and practice of extreme, cruel and deliberate medical neglect by NMCD and its medical contractors.  Federal civil rights claims for medical neglect are extremely difficult.  In fact, medical negligence alone is not actionable under §1983.  There are two ways to overcome the barriers in federal court.  The first is to show knowledge and deliberate intent to deny medical care to inmates with serious medical needs. The second is to show pattern and practice under Monell v. Department of Social Services, 436 U.S. 658 (1978).  The first remains challenging.  The Monell pattern and practice approach is emerging as the surest route to avoid dismissal in federal court.

New Mexico Civil Rights Act Lawsuits

With the passage of the New Mexico Civil Rights Act (NMCRA), many if not all of the cases set forth below would have been eligible for New Mexico Civil Rights claims.  Unfortunately, the NMCRA covers only acts occurring after July 1, 2021.  Collins & Collins, P.C. expects that all its future claims for the extreme medical neglect characterized by its many medical negligence cases will be filed with state law medical malpractice claims and NMCRA claims.  The grossly unjust Prison Litigation Reform Act (PLRA) and its New Mexico counterpart will still apply to NMCRA lawsuits despite the many abuses and obvious gaming of the Acts by NMCD.

Roybal v. New Mexico Corrections Department, Wexford Health Sources, Inc. et al

  • 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

Melendrez v. New Mexico Corrections Department, Wexford Health Sources, Inc. et al

  • 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

Hallum v. New Mexico Corrections Department, Wexford Health Sources, Inc, et al

  • 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

Chacon v. Wexford Health Sources, Inc., New Mexico Corrections Department,  et al

  • 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 Diagnose and Treat Emergent Infections

Collins & Collins, P.C. has filed numerous suits for the failure of NMCD and its medical contractors to properly and timely diagnose and treat emergent infections.  All of the cases involved inmates suffering extended severe pain which NMCD and its medical contractors callously ignore and even ridicule in some cases.  They do this with full knowledge that there is virtual epidemic of infections in the NMCD facilities and a clear epidemic of MRSA.  They do this knowing that the inmates due to prison conditions, medical histories are suffering clear symptoms of emergent infections.  These include infections that invade the spines, extremities, hearts and even brains of inmates.   The cases filed by Collins & Collins, P.C. alone illustrate a pattern and practice of NMCD and its medical providers to ignore obvious emergent life threatening infections.

Adrian Chacon v. New Mexico Corrections Department, Wexford Health Sources, Inc., et al

  • 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.

Jimenez v. New Mexico Corrections Department, Wexford Health Sources, Inc., et al

  • 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.

Ayala v. Wexford Health Sources, New Mexico Corrections Department, et al 

  • 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.

Martin v. New Mexico Corrections Department, Wexford Health Sources, Inc., et al

  • 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

Robinson v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  08/31/2021
  • Medical negligence:  failure to diagnose and treat emergent infection leading to spinal diskitis with osteomyelitis with extensive hospitalization.

Pino v. New Mexico Corrections Department, Centurion Correctional Healthcare, et al

  • 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

William Killen v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  02/10/2021
  • Medical negligence:  failure to diagnose and treat emergent infection leading to septic emboli, endocarditis (heart infection)and lengthy hospitalization.

Holmes v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  11/30/2020
  • Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis with lengthy hospitalization.

Deherrera v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  03/07/19
  • Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).

Padilla v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • 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.

Aranzola  v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  11/25/2020
  • Medical negligence:  failure to treat Hepatitis C leading to cirrhosis of the liver.

Estate of Efrain Martinez v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • 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.

Miera v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  04/11/2019
  • Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis with epidural abscess.

Finch v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al

  • Filing Date:  03/22/19
  • Medical negligence:  failure to diagnose and treat emergent infection leading to spinal discitis and osteomyelitis with multiple lengthy hospitalizations.

Wilson v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al, 

  • Filing Date:  03/14/19
  • Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).

Yribe v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al,

  • Filing Date:  03/07/19
  • Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).

Mora-Solis v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  03/07/2019
  • Medical negligence:  failure to diagnose and treat pressure ulcer of paraplegic inmate leading to multiple, lengthy hospitalizations.

Sisneros v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  03/05/19
  • Medical negligence:  failure to diagnose and treat emergent infection leading to spinal diskitis with osteomyelitis with extensive hospitalization.

Estate of David Vigil v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al, 

  • 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.

Failure to Treat Diabetes

There is a clear pattern of failure to properly treat diabetes.  Although Collins & Collins, P.C. has only filed a few cases of the medical neglect of diabetes, this is purely a function of limited resources.  In fact, the firm has received many calls from inmates and families related to the neglect of diabetes.  Sadly, we are not able to pursue litigation in these cases but are limited to sending out Tort Claims Notices and New Mexico Civil Rights Act claims notices along with a demand for the preservation of evidence.  This is done to not only preserve the right of the inmate to file a lawsuit in the future but just as importantly to put NMCD on notice of reckless and deliberate indifference to inmates diabetic medical needs.

Vasquez Garcia v. Centurion Correctional Healthcare of New Mexico, Wexford Health Sources, New Mexico Corrections Department, et al 

  • 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.

Guerra v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • 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.

Deherrera v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • 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.

Jaramillo v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al

  • 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.

Failure to Diagnose and Treat Pneumonia

Estate of Abelardo Montes v. Wexford Health Sources, Inc. New Mexico Corrections Department, et al 

  • 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.

Estate of Crystal Ericksen v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al

  • Filing Date:  10/29/21
  • Medical negligence:  failure to diagnose and treat pneumonia leading to wrongful death.

Failure to Treat Hepatitis and/or Liver Disease

Estate of Freddie Mirabal v. Wexford Health Sources, Inc., New Mexico Corrections Department, et al

  • 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.

Folsom v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • Filing Date:  12/15/2020
  • Medical negligence:  failure to properly treat hepatitis B leading to cirrhosis.

Inmate Suicide

Sariah Archuleta v. Wexford Health Sources, Inc., New Mexico Corrections Department, et al. 

  • 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

Jonathan Cisneros v. Wexford Health Sources, Inc., New Mexico Corrections Department, et al. 

  • 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.

Estate of Adonus Encinia v. Wexford Health Sources, Inc., New Mexico Corrections Department, et al 

  • 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.

Estate of Keith Kosirog v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

  • 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

Other Medically Related Lawsuits

NMCD’s Corrupt and Broken Medical Grievance System

Mora-Solis, et al v. New Mexico Corrections Department:  Petition for Declaratory Relief and Temporary Restraining Order

  • 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.

Federal Civil Rights (§1983, Americans with Disabilities Act, Rehab Act)

Miera v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al. 

  • 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.

Estate of Adonus Encinias v. Centurion Correctional Healthcare of New Mexico, et al, 

  • 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.

Martinez v. Centurion Correctional Healthcare of New Mexico, et al 

  • 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.

Bernalillo County Metropolitan Detention Center (MDC)

MDC’s medical services have been a disaster from the inception of services by Centurion Detention Health Services to the current medical provider Corizon Health.  A federal court declaration by a former nurse who worked for both Centurion and Corizon illustrate the ongoing catastrophic medical neglect that has lead to the death of many inmates, and severe and permanent injuries to many more.  It is expected that Collins & Collins, P.C. will be filing many more medical neglect and wrongful death lawsuits against MDC and its medical contractors.

Estate of Samuel Bryant v. Centurion Detention Health Services, Bernalillo County, et al

  • 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.

Rio Arriba County Adult Detention Center

Rio Arriba County Adult Detention Center is a minimum security 95 bed facility.  This extremely small jail has a horrendous history inmate deaths.  Collins & Collins, P.C. alone has filed 3 wrongful death cases related to medical neglect.

Estate of Carl Manzanares  v. Rio Arriba County, Roadrunner Health Services, et al 

  • Filing Date:  11/10/2021
  • Medical Negligence: Failure to provide mental health services to inmate suffering severe psychological distress leading to death by suicide.

Estate of Walter Stroop v. Rio Arriba County, VitalCore, et al 

  • Filing Date:  03/19/2019
  • Medical Negligence: Failure to properly diagnose and treat heart failure leading to death.

Estate of Aaron Baca v. Rio Arriba County, VitalCore, et al

  • Filing Date:  02/12/2019
  • Medical Negligence: Failure to provide mental health services to inmate suffering severe psychological distress leading to death by suicide.