Cummings v. Board of Regents of the University of New Mexico

Case No. D-202-CV-2001-00579

Second Judicial District Court State of New Mexico

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A $38 Million class action settlement has been reached on behalf of beneficiaries of deceased pediatric cancer patients who received treatment for Acute Lymphoblastic Leukemia (also known as “ALL”) at the University of New Mexico Health Sciences Center or Hospital between January 1, 1977 and March 31, 1997. A detailed definition of the Class is available below.

Certain beneficiaries of deceased pediatric cancer patients such as parents, siblings, spouses, children, or other family members may be entitled to compensation under the Settlement.

The Settlement covers pediatric cancer patients who died as recently as December 1, 2019.

NOTE: This Settlement only applies to beneficiaries of pediatric cancer patients who received treatment for Acute Lymphoblastic Leukemia at the University of New Mexico Health Sciences Center or Hospital and does NOT apply to patients who received treatment for any other type of cancer.

YOUR RIGHTS AND CHOICES

YOU MAY:

DUE DATE

SUBMIT A CLAIM FORM

The Claim Form in this matter is not yet available. Please Click HERE to register to receive updates on the case, and you will receive a notification when the Claim Form becomes available.

You must file a Claim Form if you want to participate in the Settlement. If you do not file a Claim Form, you will not receive any compensation, even if you are eligible.

To be determined

OBJECT

If you do not agree with any part of this settlement, including the plan to distribute money to class members, the requested award of attorneys’ fees and expenses, or the service awards for the named Decedent Class Plaintiffs, and you want your objection heard, you must write to the Court about why you don’t like the proposed Settlement.

Please click HERE for more details.

July 6, 2020

EXCLUDE YOURSELF / OPT-OUT

If you do not wish to participate in the Settlement, you must file a notice with the Court excluding yourself from the Settlement.

Please click HERE for more details.

July 6, 2020

APPEAR IN THE LAWSUIT OR ATTEND THE FAIRNESS HEARING

You are not required to enter an appearance in the lawsuit in order to participate in the proposed Settlement, but you may enter an appearance on your own or through your lawyer if you do not opt-out and wish to appear at the Final Approval Hearing on July 6, 2020.

Please click HERE for more details

July 28, 2020

DO NOTHING

You do not need to do anything to stay in the class. But if you want money from the settlement you must file a claim form.

If you do not exclude yourself from the Decedent Class, you cannot be part of any other lawsuit against Defendants and other Released Parties listed in the Settlement Agreement for released conduct. You will be bound by the Release.

Decedent Class: The Settlement creates the following Settlement Class (referred to throughout as the Decedent Class):

(1) Statutory beneficiaries, as defined in the New Mexico Wrongful Death Statute, NMSA 1978, §41-2- 3 for (2) all pediatric cancer patients with a diagnosis of Acute Lymphoblastic Leukemia who presented for treatment at the University of New Mexico Health Sciences Center from January 1, 1977 through March 31, 1997, and (3) who, by December 1, 2019, were deceased.

Excluded are individuals with whom UNM previously reached settlements or those individuals who received only temporary treatment at UNM Health Sciences Center and whose treatment protocols were principally administered or designed elsewhere and who did not receive initial or relapse induction treatment in New Mexico.

Please do not attempt to contact Judge Butkus or the Clerk of Court with any questions.