In this consumer protection class action case, Plaintiffs allege that Presbyterian improperly held out Guy Rosenschein as a qualified Pediatric Surgeon and Pediatric Urologist when he in fact lacked the necessary credentials. 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. Plaintiffs assert that Presbyterian negligently and/or fraudulently misrepresented Rosenschein’s status in violation of New Mexico common law the state Unfair Practices Act.
In September 2022, First Judicial District Judge Kathleen McGarry Ellenwood certified the claims of Named Plaintiffs Eilene McLarty and Ernestine Jaramillo to proceed as a class action, paving the way for class-wide discovery. The class includes over 3,000 parents and guardians of minor patients who were billed by Presbyterian for medical services related to treatment by Rosenschein.
The Relman Colfax team is led by Reed Colfax, Kali Schellenberg, Lila Miller, and Emily Curran, with paralegal assistance from Emma Block. The Relman team is co-counseling with The Hunt Law Firm.
Case Citation: McLarty v. Presbyterian Healthcare Services, No. D-101-CV-2020-01566