In whistleblower suit, UNM lawyers focus on key meeting about alleged rape

The sixth day of a trial in a whistleblower lawsuit against the University of New Mexico Hospital featured former and current hospital employees testifying about when former UNM resident Dr. Cynthia Herald told her bosses a colleague raped her and how her supervisors  treated her afterwards. Neither side disputes that in September 2009, a few […]

In whistleblower suit, UNM lawyers focus on key meeting about alleged rape

The sixth day of a trial in a whistleblower lawsuit against the University of New Mexico Hospital featured former and current hospital employees testifying about when former UNM resident Dr. Cynthia Herald told her bosses a colleague raped her and how her supervisors  treated her afterwards.

Neither side disputes that in September 2009, a few months after the alleged attack, Herald met with her supervisors and one woman tasked with taking notes. But neither side agrees what was said at the meeting.

That meeting is a key event.

Herald’s story about being kicked out of the residency program hinges on that meeting. During that meeting more than eight years ago, Herald said, the school’s then-Dean of Graduate Medical Education Dr. David Sklar slammed a stack of papers on the table and verbally expressed his concern for keeping the matter quiet as to not tarnish the medical school’s reputation.

Sklar testified that he did not recall saying anything about keeping the matter quiet. Instead, Sklar said, he went out of his way to make sure he and his colleagues were supportive of Herald, offering her counseling and encouraging her to file a police report.

“I explained to her that with a police report, they would be able to gather information and that they would be able to pursue some of the details of what happened,” Sklar said.

All the jury has to go on, however, are scribbled notes from Herald on a single sheet sheet of paper from a medical note pad.

Herald’s lawyer, Lisa Curtis, asked Sklar about if the notes taken by a hospital employee that day were  destroyed.

“I believe they were,” Sklar replied.

Later in the day, Kymbra Williams, a program coordinator for the school’s Graduate Medical Education department testified that a senior program manager asked her to attend the meeting and take notes. She said she didn’t remember specifics of what was said but that she remembers the tone of the meeting.

“It was civil and everyone wanted to help Dr. Herald,” Williams said.

When asked what she did with the meeting notes, Williams said she shredded them like most everything else that ends up on her desk.

“Over time, everything that I have is shredded because it starts building on my desk,” Williams said.

Herald testified earlier in the trial that her residency bosses asked specific and personal details about the alleged attack. Sklar, on the other hand, said Herald volunteered specifics after he asked her what qualified as rape.

“I asked her to explain what she meant by rape,” Sklar said. “People use that term in many different ways.”

Sklar testified that he decided to remove Herald from the program because she made potentially fatal mistakes in the operating room. He also said she had a prescription drug problem and lacked the ability  to take responsibility and called her “dishonest.”

“She put lives at risk in the operating room,” Sklar said. “Second, was that she lied and did not admit to the addiction problem she had with benzodiazepines.”

According to both her lawyers and her own testimony, Herald had legal prescriptions for Ativan, a benzodiazepine often used to combat anxiety, and Ambien, a sleep aid. Sklar claimed Herald showed signs of impairment so he sent her to get a drug test. Sklar said he subsequently checked Herald’s prescription records and found in addition to a prescription from out of state, she was also prescribed benzodiazepine from two separate residents at UNMH, which Sklar testified was against hospital policy. In her earlier testimony, Herald admitted to getting prescriptions from her peers, calling the practice a “curbside consultation.”

The trial is expected to continue through the week. If the 14-person jury decides in Herald’s favor UNM could be forced to reinstate her into the residency program and pay out the salary she would have received had she not been fired.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
Gov signs bills with some vetoes 

Gov signs bills with some vetoes 

Gov. Michelle Lujan Grisham signed 69 bills that the legislature passed during the 2024 legislative session. These included the General Appropriations Act which contains…
Guv signs state budget

Guv signs state budget

Gov. Michelle Lujan Grisham signed the budget bill for Fiscal Year 2025 and the Capital Outlay spending bill. The FY25 state budget bill passed…
State fines oil company more than $2 million after spill

State fines oil company more than $2 million after spill

The Energy, Minerals and Natural Resources Department fined an oil and gas company operating in the Permian Basin more than $2 million over produced…
PRC denies request to build LNG storage facility

PRC denies request to build LNG storage facility

The New Mexico Public Regulation Commission unanimously rejected a request by the New Mexico Gas Co. to build, own and operate a liquified natural…
NM Supreme Court upholds Community Solar Rule

NM Supreme Court upholds Community Solar Rule

Hours after the New Mexico Supreme Court heard arguments in the investor-owned utilities’ appeal of the community solar rule, the justices upheld the regulations…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Supreme Court censures attorney over conduct in anti-COVID policy suits

Supreme Court censures attorney over conduct in anti-COVID policy suits

The New Mexico State Supreme Court censured a New Mexico attorney because of her “misconduct” in two unsuccessful cases pushing back on COVID-19 regulations…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
See who’s going to be on your primary ballot in June

See who’s going to be on your primary ballot in June

Tuesday marked the official beginning of the 2024 New Mexico primary season for the legislature, with candidates officially filing for candidacy. This is the…

Bill to require disclosure of use of AI in campaign materials goes to governor

The Senate approved a bill aiming to require the disclosure of the use of artificial intelligence or other changes made by computers to campaign…
House amends, passes bill banning firearms near polling places

House amends, passes bill banning firearms near polling places

The House narrowly approved a bill that would ban firearms near polling places. The House voted 35-34 to pass the bill following an extensive…
U.S. Supreme Court lets ban on Couy Griffin from holding office stand

U.S. Supreme Court lets ban on Couy Griffin from holding office stand

The U.S. Supreme Court declined to hear an appeal of a Republican official who was barred from holding office after being convicted for a…
Politics Newsletter: legislative leaders not running for reelection

Politics Newsletter: legislative leaders not running for reelection

Hello fellow political junkies! Candidate filing day has come and gone, and members of House and Senate leadership opted to either not seek reelection…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…

GET INVOLVED

© 2023 New Mexico Political Report