Frank Alvarez and Brett Cornwell of Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) obtained a full defense verdict in a high-exposure medical malpractice and wrongful death case in New Mexico involving allegations of a missed diagnosis and negligent treatment in the emergency department. The Plaintiff, acting as representative of the deceased’s estate, sought $16 million in damages, claiming that a nurse practitioner failed to properly diagnose and escalate care for a rare fungal infection, ultimately resulting in the decedent’s death. After a strategic, evidence-driven trial presentation, the jury returned a $0 verdict.

Overview of the Case

The case centered on the diagnosis and treatment of a rare respiratory condition known as coccidioidomycosis, or “Valley Fever,” which the Plaintiff alleged was missed by the provider during an emergency department visit. The decedent, a young and otherwise healthy adult, presented with flu-like symptoms and was discharged with a diagnosis consistent with viral bronchitis. Despite being instructed to return for worsening symptoms, the decedent did not seek additional medical care for three weeks. The Plaintiff claimed that this initial visit represented a lost chance at survival due to the failure to escalate care or consult specialists.

Key Difference-Makers

• Frank Alvarez – Managing Partner, Dallas Hub, Trial Counsel
• Brett Cornwell – Dallas Partner, Trial Counsel

Administrative Support:

• Sara Alley – Nurse Paralegal
• Leticia Ortega – Legal Assistant
• Roseann Gonzales – Legal Assistant

Claims Made Against Our Client

The Plaintiff, on behalf of the decedent's estate, brought a wrongful death claim alleging medical negligence in connection with the decedent’s emergency room visit. Specifically, the Plaintiff claimed that the provider failed to obtain a complete history of the present illness, did not consult with an infectious disease specialist or supervising emergency physician, and failed to admit the patient to the hospital for further evaluation.

The Plaintiff also alleged that the provider failed to advise the decedent of the need for specialist involvement, which they argued led to a lost opportunity for timely diagnosis and treatment. Central to the claim was the assertion that earlier recognition of Valley Fever would have improved the decedent’s outcome.

Defense Strategy

The defense structured its case around the inherent difficulty in diagnosing Valley Fever, a condition widely known in medical literature as “the great imitator” because of its vague, non-specific symptoms that mimic common viral infections. To support this position, the defense team presented expert testimony and authoritative clinical guidelines to demonstrate that the decedent's symptoms were consistent with a mild case of Valley Fever, for which medical literature does not recommend treatment. Furthermore, the defense emphasized the rarity of Valley Fever, particularly outside of endemic regions like Arizona and California, and established that it was not medically reasonable to include it in the differential diagnosis at the time of care.

A key element of the strategy was showing that twelve additional medical providers, including an infectious disease specialist, also failed to identify the illness when the decedent later sought care, which reinforced the appropriateness of the Defendant’s clinical decisions. The defense also addressed the decedent’s delay in seeking further treatment, presenting it as a significant factor that contributed to the outcome. This argument was handled with professionalism during cross-examinations and allowed the jury to draw conclusions about the decedent’s responsibility. Impactful demonstrative aids and carefully selected medical literature were used to clarify the complexity of the medical issues at hand, ultimately helping the jury fully understand and accept the defense's position.

Impact on Final Outcome

The jury returned a full defense verdict, awarding no damages and rejecting claims of negligence and causation. This outcome eliminated the client’s exposure to a $16 million claim and reaffirmed the quality of care delivered under the challenging circumstances of an ambiguous medical presentation.

Unique Aspects of the Case

This trial involved a highly unusual and rare medical condition that mimicked far more common illnesses, highlighting the inherent difficulty in emergency care diagnostics. The Plaintiff's theory rested heavily on hindsight analysis and retrospective assumptions, which the defense methodically dismantled with expert support and clinical guidelines. 

Predicting the Future

This result underscores QPWB’s deep capabilities in defending complex medical malpractice claims, especially in wrongful death cases involving rare diagnoses and high emotional stakes. Clients can trust QPWB to combine precision, strategy, and medical fluency to present compelling, fact-based defenses that resonate with juries.

Key Actions in This Case

• Presented expert testimony supported by trusted medical literature and treatment protocols
• Highlighted the vague symptoms and extreme rarity of the diagnosed condition
• Established that the Defendant’s actions aligned with accepted clinical standards
• Asserted contributory negligence against the decedent for delaying follow-up treatment
• Used visual aids to clearly explain complex medical information to the jury

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 49 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.