On September 12, 2022, a New Mexico state court certified a class of parents and guardians whose minor children were treated by Guy Rosenschein, who Defendant Presbyterian Healthcare Services held out as a Pediatric Surgeon and Pediatric Urologist from 2012 to 2016 even though he allegedly lacked the necessary credentials. The decision is a major step toward obtaining redress for parents whose children were seen by Rosenschein.
The lawsuit is one of many filed against Presbyterian related to Rosenschein’s tenure there at the Albuquerque hospital. Rosenschein was arrested in 2016 for possessing and distributing child pornography and pled guilty to those charges in 2021. This case focuses on whether Presbyterian misled parents and guardians seeking medical services for their children by representing that Rosenschein was qualified to practice as a Pediatric Surgeon and Pediatric Urologist at Presbyterian’s facilities. The lawsuit alleges that Rosenschein did not complete a residency or fellowship in the United States in either specialty and was not board-certified, rendering him unqualified to practice according to Presbyterian’s own bylaws as well as standards set by national accreditation organizations. Relman Colfax represents the now-certified plaintiff class, which includes over 3,000 parents and guardians who Presbyterian billed for Rosenschein’s treatment of their children. Of the cases arising from Rosenschein’s conduct at Presbyterian, this is the first to be certified to proceed as a class action. This litigation milestone dramatically changes the scope of the litigation.
In the September 12 decision, First Judicial District Judge Kathleen McGarry Ellenwood certified a class to determine whether Defendant violated New Mexico’s Unfair Practices Act (“UPA”), as well as state common law prohibitions on negligent misrepresentation and intentional or fraudulent misrepresentation. The decision relies heavily on Plaintiffs’ proposed findings of fact and conclusions of law.
The Relman Colfax team is led by Reed Colfax, Kali Schellenberg, Lila Miller and Emily Curran, with paralegal assistance from Emma Block. The Hunt Law Firm is co-counsel on this case.