Settlement in UNM whistleblower suit involving alleged rape

After a contentious trial filled with tears, frustration and sharp warnings from the judge, both parties in a whistleblower lawsuit came to an agreement late Thursday night. The confidential settlement between the University of New Mexico Hospital and a former resident came after almost two weeks of testimony and hours before the jury was set […]

Settlement in UNM whistleblower suit involving alleged rape

After a contentious trial filled with tears, frustration and sharp warnings from the judge, both parties in a whistleblower lawsuit came to an agreement late Thursday night. The confidential settlement between the University of New Mexico Hospital and a former resident came after almost two weeks of testimony and hours before the jury was set to hear closing arguments.

Former UNMH medical resident Dr. Cynthia Herald sued the school, alleging she was pushed out of the program after she told her bosses she was raped by a male colleague. UNMH attorneys disagreed, saying they removed her from the residency program because she made many possibly fatal mistakes during surgeries, had a prescription drug problem and did not take responsibility for her shortcomings.

Related: See all our stories from this trial

Herald told reporters after the trial she feels “a huge sense of relief” but that the decision to settle was not an easy one.

“It is hard because there is a part of you that just really wants to see it through to the end and go to a jury,” Herald said. “But another part of you just wants resolution and ultimately, I wanted to have resolution to this whole thing.”

In a written statement head of UNMH Dr. Paul Roth tasked school officials with being better about looking into allegations like Herald’s.

“Ensuring the safety and well-being of our patients is a critical priority,” Roth said. “Cases like this demonstrate the need for us also to renew our commitment to timely and appropriately addressing allegations of sexual harassment and sexual assault.”

Herald’s attorneys argued their client suffered a downward spiral at work after supervisors  forced her to continue working with her alleged attacker.

Herald’s lawyer Randi McGinn told NM Political Report that the specifics of the settlement are confidential for six months. Herald originally asked for back pay and to be reinstated to the residency program. It’s unknown if reinstatement is part of the settlement.

McGinn said they arrived at the settlement 11 p.m. Thursday night.

The jury of four women and 10 men heard hours of testimony from both sides over the course of the trial.

The settlement closes the six-year long case, which  goes back to 2011, when Herald first filed a retaliation and whistleblower lawsuit against the school. State District Judge Shannon Bacon ruled in 2012 that Herald could not sue for both retaliation and as a whistleblower. Then, in  2013, a jury decided the school did not retaliate against Herald.

Herald’s lawyers took the whistleblower issue through the appeals process and the New Mexico Supreme Court ruled in 2015 that Herald should have been able to sue for both retaliation and as a whistleblower. The state’s high court sent the case back to Bacon’s jurisdiction.

The trial this month was full of twists and turns, from a juror who failed to disclose he was on probation until seven days into the trial and removed for missing a day and lying to the court, to three different motions for a mistrial. In the last days of the trial Bacon chastised attorneys for both Herald and UNM for cynical comments and “cantankerous” behavior.

The trial ended Friday morning with Bacon thanking and releasing the jury.

“You can tell that your presence here was really important,” Bacon told the jury. “I really appreciate your time and attention.”

Herald said her disposition throughout the more than seven year process was “more down than up” as she heard plenty of negative things said about her through testimony.

“You are squashed, you no longer are yourself,” Herald said. “I’m hoping that now I can go back to being myself, whatever that is.”

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

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
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…
Feds announce final renewable energy rule for public lands

Feds announce final renewable energy rule for public lands

The U.S. Department of the Interior announced a final renewable energy rule Thursday that is expected to pave the way for increased wind, solar…
Heinrich co-sponsors legislation to address PFAS in private wells

Heinrich co-sponsors legislation to address PFAS in private wells

About 13 percent of New Mexico’s population relies solely on private wells for drinking water and this removes a level of health security. For…
EPA announces new drinking water standards for PFAS chemicals

EPA announces new drinking water standards for PFAS chemicals

The U.S. Environmental Protection Agency announced drinking water standards on Wednesday that are intended to protect Americans from contamination from PFAS chemicals. This is…
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…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
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…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
Politics Newsletter: Early and absentee voting

Politics Newsletter: Early and absentee voting

Good morning fellow political junkies! Early and absentee voting for the June 4 New Mexico primary begins in about a month. The nonprofit election…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
What the low unemployment rates for months means for NM’s economy

What the low unemployment rates for months means for NM’s economy

Post-pandemic, New Mexico has had an extended run of low unemployment rates. New Mexico’s unemployment rate has remained stable at 4.0 percent since October…
Feds announce final renewable energy rule for public lands

Feds announce final renewable energy rule for public lands

The U.S. Department of the Interior announced a final renewable energy rule Thursday that is expected to pave the way for increased wind, solar…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…

GET INVOLVED

© 2023 New Mexico Political Report