Defense Verdict in Broken Femur Jury Trial

Serpe Jones successfully defended Carlsbad Medical Center (“CMC”) in a case involving a 71 year old nursing home resident who came to the hospital as an outpatient for an abdominal CT. Plaintiff claimed that she was negligently dropped to the floor by radiology technicians who were attempting to transfer her from her wheelchair to the toilet before the CT, and that she broke her femur as a result. The Serpe Jones trial team of Randall Jones and Matt McCracken tried the case in the Fifth Judicial District Court of Eddy County, New Mexico before Judge Ray Romero. They successfully argued that the radiology technicians exercised care in making the transfer and that the fracture occurred without fault because the Plaintiff suffered from pre-existing soft/brittle bones caused by osteoporosis. The jury returned a unanimous verdict in favor of the hospital.