Lawsuit: Law firm wrong on penis amputation claim

-A A +A
By Tim Korte

ALBUQUERQUE, N.M. (AP) — An Albuquerque law firm failed to properly investigate its claim that a nursing home patient lost his penis because of the facility's negligence, according to a lawsuit filed by the facility.

In the federal lawsuit filed in September, THI of New Mexico at Valle Norte accused the Harvey Law Firm of malicious abuse of process and civil conspiracy stemming from a July 2007 case for a client, James Tracy. The dispute was first reported by the Albuquerque Journal.

The nursing home said the claim wasn't adequately investigated by lawyers Dusti Harvey and Feliz Rael before they pursued action on behalf of Tracy, who has since died. They had claimed that Valle Norte's negligent care led to a "severe delay in treatment of priapism, resulting in loss of penis."

Priapism is a persistent painful erection that lasts for more than four hours and is not related to sexual stimulation.

The nursing home's lawsuit against the firm said the lawyers pursued litigation "without any medical evidence to show that Mr. Tracy suffered an amputation ... or that Valle Norte's conduct had caused even a remote causal link to any penile injury."

If you subscribe to the newspaper, you receive FREE access to all the exclusive content of the web site! Simply register to receive uninterrupted access to our award-winning and in-depth local online content!

Renew Current or Past Subscription / Register for Online Subscription

If you currently subscribe or have subscribed in the past to the Los Alamos Monitor, then simply find your account number on your mailing label and enter it below.

Click the question mark below to see where your account ID appears on your mailing label.

Newspaper Acct. ID:
Street Address:
(exactly as it appears on the label)

If you are a subscriber and you do not know your account ID or don't have a copy of your newspaper available that shows the information on the address label you can click continue below to search for your account.

Special Offer

You have used all your free page views for the month however if you wish to create a FREE limited access account you will be able to view a additional 3 pages per month.

You can also purchase a subscription and have full access to the site. To purchase a subscription simply enter your zipcode below

ZIP Code:

Los Alamos Monitor | lacirculation@lamonitor.com | 505-662-4185
256 DP Road, Los Alamos, NM 87544
Office Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday