Verdicts and Settlements

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Failure To Perform MRSA Screening

July 2017

James Woodard, 64, underwent the first of a two-part elective back surgery at the University of New Mexico Hospital (UNMH). While hospitalized, he was unwittingly exposed to MRSA. A month after the first procedure, Woodard underwent preoperative procedures at UNMH in anticipation of the second portion of the back surgery.

After Woodard’s second surgery, a nasal swab was positive for MRSA. Blood cultures returned two weeks later confirmed this finding. Woodard developed spinal osteomyelitis and had numer­ous treatments, including surgeries, antibiotics, and debridements. He required 135 days of hospital care and treatment at a rehabilitation facility.

Woodward still requires medical care and now uses a ­wheelchair. He had been a city employee who planned to retire in several years.

Woodard and his wife sued the Board of Regents of the University of New Mexico, alleging liability for failure to preoperatively screen Woodard for MRSA and implement MRSA infection control measures that would have prevented him from contracting the infection while hospitalized. Suit also alleged that UNMH staff should have treated Woodard’s MRSA for two weeks before receiving the blood test results.

The jury awarded $4.25 million, including $250,000 to Woodard’s wife. The trial court denied the defense’s motion for a new trial and for remittitur. It held that although $950,000 was recoverable from UNMH, the plaintiffs must petition the legislature for the remaining amount of the award.

Citation: Woodard v. Bd. of Regents of the Univ. of N.M., No. D-202-CV-2013-07974 (N.M. Dist. Ct. Bernalillo Cnty. Dec. 16, 2016).

Plaintiff counsel: AAJ members Amalia S. Lucero and Lisa K. Curtis, both of Albuquerque.