by Sam Rutherford

As PLN reported, the New Mexico Corrections Department (NMCD) has for many years outsourced its constitutional obligation to provide healthcare to those it confines, contracting the service from private, for-profit corporations. The terrible cost of this arrangement to prisoners’ health—not to mention $8 million in lawsuit settlement payments to them or their estates—was laid bare in agreements obtained from Centurion Correctional Healthcare of New Mexico, LLC, which was NMCD’s private medical contractor from June 6, 2016, to October 31, 2019. [See: PLN, Dec. 2024, p.1.]

But a similarly grim story emerges from settlement agreements obtained from Wexford Health Sources, Inc., which took over the NMCD contract after Centurion. Since its founding in 1992, its website says Wexford “has focused on nothing but correctional health care.” The company provides medical, mental health and dental care to nearly 100,000 prisoners at over 100 jails and prisons across the U.S. Over its three-plus decades, Wexford has also gained a reputation as an unconscionable prison medical provider driven strictly by profits, with little regard for the health or safety of its prisoner patients.

NMCD originally contracted with Wexford in 2004 but canceled the contract in 2007, as PLN reported, after an audit completed by the New Mexico Legislative Finance Committee. [See: PLN, Nov. 2009, p.16.] Auditors wrote that theyfound “gaping holes” in delivery of healthcare; one New Mexico lawmaker compared its level of care to “torture” and “murder.”

But the firm’s problems were not limited to New Mexico. As described in the complaint filed for prisoner Phillip Hallum (and detailed below), Wyoming and Florida also terminated contracts with Wexford in the early 2000s for similar reasons. A 2009 Washington state audit then found systemic failures in Wexford’s services, as did another in Arizona that led to state sanctions in 2012. Two years later, court-appointed experts called Wexford’s medical care in Illinois “extremely problematic.” Indiana reached a similar finding in 2018. Most glaringly, as PLN also reported, Wexford was one of 11 firms sued by former Mississippi Attorney General Jim Hood (R) in February 2017 under the state’s Racketeer Influenced and Corrupt Organizations (RICO) Act, seeking civil damages for alleged involvement in a bribery scheme that sent former state Department of Corrections (DOC) Commissioner Chris Epps to prison for almost 20 years in May 2017. [See: PLN, Oct. 2017, p.16.]

Despite this well-documented history of abuse and neglect, NMCD rehired Wexford in October 2019 without any additional oversight. The new contract paid the firm about $246 million over four years. It was set to expire in 2023, but NMCD extended it for another year, agreeing to pay Wexford between $47.6 and $73.8 million more. The contract requires Wexford to indemnify NMCD in lawsuits stemming from its substandard care but does not require the company to disclose information about those suits to the state.

So in September 2024, the Human Rights Defense Center (HRDC), PLN’s non-profit publisher, sent Wexford a request pursuant to the New Mexico Inspection of Public Records Act, N.M. Stat. Ann. § 14-2-1, et seq. HRDC asked for “records of all litigation against Wexford and/or its employees or agents where the agency and/or its insurers paid $1,000 or more to resolve claims” during the preceding 10 years. What follows is a synopsis of the records Wexford has produced to date, including settlements with a total payout of $3,310,500.00.

Wrongful Death Settlements

Jonathan Cisneros: The 37-year-old Cisneros, a prisoner at Central New Mexico Correctional Facility (CNMCF), had a long history of mental illness and suicide attempts dating back to his teens, including several that required hospitalization while confined by NMCD. For example, in December 2020, Cisneros was found non-responsive on the floor of his cell after cutting his own wrist. Less than a month before, he had informed Wexford medical staff that he “was done” and planned to end his life.

After this incident, Cisneros was weaned off many of his antipsychotic medications and allegedly not properly screened or monitored, despite his previous suicide attempts. On June 14, 2021, he was found hanging in his cell. He was pronounced dead at a local hospital the following day after attempts to save him were unsuccessful.

Cisneros’s estate sued NMCD and Wexford in state court for his wrongful death. In May 2024, Wexford settled the case with an agreement to pay $640,000 to the estate, which was represented by several Albuquerque attorneys: Terry R. Guebert, Robert Gentile, Elizabeth M. Piazza and Julia H. Purdy of Guebert Gentile & Piazza, P.C.; and Parrish Collins of Collins & Collins, P.C. See: Mathis v. Wexford Health Sources, Inc., N.M. 1st Jud. Dist. Ct. (Santa Fe Cnty.), Case No. D-101-CV-2022-00453. The only Wexford employee named in the complaint was Dr. Javier Vera, who according to the state Medical Board holds an active medical license with no disciplinary history.

Gilbert Chacon: A 67-year-old prisoner at Northeast New Mexico Correctional Facility (NENMCF), Chacon had a long history of medical problems and previous surgeries. Throughout the winter and spring of 2021, he complained to Wexford staff about chronic lower back pain that also extended down both legs into his feet.

His complaints were largely ignored, he said, until Wexford staffers finally transferred him to a local hospital for evaluation and treatment on April 13, 2021. Doctors there quickly discovered that he was suffering from acute hyperkalemia, rhabdomyolysis, aortic occlusion, vasculopathy, hypotension, ventricular tachycardia, anuric stage III acute kidney injury and altered mental status. As a result of the aortic occlusion, his left leg was amputated above the knee. After that, Chacon remained in critical condition. Despite doctors’ best efforts, he died of his injuries on April 15, 2021.

Chacon’s estate sued Wexford and NMCD for his wrongful death. On October 18, 2023, prior to discovery, Wexford settled the case by agreeing to pay the estate $562,500. Because the case was resolved so soon, no Wexford employees were named in the complaint. Attorney Parrish Collins represented Chacon’s estate, along attorney Richard A. Sandoval of the Sandoval Firm in Santa Fe. See: Mathis v. Wexford Health Sources, Inc., N.M. 1st Jud. Dist. Ct. (Santa Fe Cnty.), Case No. D-101-CV-2021-02630.

Hector Cuevas: The 30-year-old Cuevas had a long history of mental health issues and multiple suicide attempts while confined as a pretrial detainee at Lea County Detention Center (LCDC) between 2017 and 2021. Jail medical staff prescribed a regimen of antipsychotic medications and placed him on suicide watch on multiple occasions—measures that likely saved Cuevas’s life.

Following his conviction, Cuevas was transferred to NMCD custody and confined at CNMCF on May 27, 2021. Staff at LCDC forwarded his medical records, detailing Cuevas’s history of mental health issues, suicidal ideation and suicide attempts. LCDC also prepared a “County Jail Data Sheet” that specifically stated Cuevas was on medication for bipolar disorder and schizophrenia, adding also that he was on suicide watch at the time of his transfer. Cuevas additionally self-reported two previous suicide attempts at his NMCD intake screening. The Wexford staffer who conducted that screening also noted that he was delusional and should be seen by psychiatric staff immediately.

Despite this clear evidence that Cuevas was at high risk of suicide, Wexford and NMCD staff chose not to place him on suicide watch. Instead, he was assigned to a regular housing unit. Less than a month later, on June 10, 2021, a Wexford nurse observed fresh puncture or scratch marks on the side of Cuevas’s neck that appeared to be self-inflicted. Still, he was not placed on suicide watch.

Security cameras showed Cuevas three days later as he entered his cell at approximately 4:57 p.m. A little over 90 minutes later, at 6:29 p.m., another prisoner discovered Cuevas hanging by his neck from a bed sheet in his cell; his brachial artery had also been cut. He was pronounced dead at 7:10 p.m. that day, June 13, 2021.

Cuevas’s estate sued Wexford and NMCD for his wrongful death. A staffer named Dr. Vera was the only Wexford employee named in the compliant. On September 12, 2023, Wexford settled the case by agreeing to pay the estate $220,000. The estate was represented by attorneys Mitchel S. Burns and Kyle M. Finch of Burns Law Group, P.C., in Farmington. See: Teran v. N.M. Corr. Dept., N.M. 11th Jud. Dist. Ct. (San Juan Cnty.), Case No. D-1116-CV-2023-00654.

Medical Malpractice Settlements

Nahum Hillhouse: Between 2021 and 2023, the 40-year-old Hillhouse was confined at CNMCF. He suffered from an undisclosed type of cancer, which Wexford allegedly failed to diagnose and treat during his incarceration. Following his release from prison, Hillhouse sued Wexford and NMCD, on behalf of himself and his minor daughter, for medical negligence.

On June 13, 2024, Wexford settled the claims by agreeing to pay $750,000 into a trust established by Hillhouse. The settlement agreement did not resolve Hillhouse’s claims against NMCD, though. Hillhouse was represented by Albuquerque attorneys Lori M. Bencoe, Cherie L. LaCour and Danielle L. Ceballes of Bencoe & Lacour Law, P.C., along with Nicholas T. Davis of Davis Law New Mexico, also in Albuquerque. See: Hillhouse v. Wexford Health Sources, Inc., N.M. 1st Jud. Dist. Ct. (Santa Fe Cnty.), Case No. D-101-CV-2024-01305. No Wexford employees were named in the complaint, again perhaps because the case was resolved before they could be identified in discovery.

Phillip Hallum: After being sentenced to serve about three years at CNMCF in 2018, the 33-year-old Hallum was just a few months away from his scheduled release when he contracted a minor infection. Wexford staff allegedly left it unchecked, and it eventually spread to his heart. Hallum lost 55 pounds in a matter of weeks. Unable to sit up, walk, eat or talk, he constantly vomited and suffered from delusions. He repeatedly urinated blood and turned noticeably yellow in his face and eyes. However, his pleas for diagnosis and treatment went ignored, he said; instead, Wexford staff accused Hallum of malingering.

After enduring months of suffering and pain, Hallum was finally transported by Wexford in critical condition to a local hospital where he spent 32 days. He also underwent life-threatening heart surgery after being diagnosed with acute heart failure resulting from the easily treatable infection. Incredibly, once he was released back to NMCD custody and returned to CNMCF, Wexford staff again allegedly allowed Hallum’s condition to deteriorate, leading to a second 16-day hospital stay. Miraculously, he survived.

Following his release, Hallum sued Wexford and NMCD for medical neglect. “I know what I did to get to prison, but I don’t think I deserved to die,” he was quoted saying in his complaint. “My sentence was only a few years. I was not sentenced to death. And to me, I did die, because they stopped my heart during surgery. I honestly don’t know how I’m here today.”

On October 25, 2023, Wexford agreed to settle the case by paying Hallum $550,000. Attorney Parrish Collins also represented Hallum, along with Elise C. Funke, another attorney in his firm. Additional representation was provided by attorneys Christopher J. DeLara, Christopher J. Supik and David C. Odegard of DeLara, Supik, & Odegard, P.C., also in Albuquerque. See: Hallum v. Wexford Health Sources, Inc., N.M. 1st Jud. Dist. Ct. (Santa Fe Cnty), Case No. D-101-CV-2022-00802.

Once again, because the case settled before discovery, numerous Wexford employees involved in Hallum’s blatantly substandard care were never identified. The complaint contains many of their signatures from Hallum’s medical records, but they are mostly illegible.

Jessica Melendrez: Confined at Springer Correctional Center (SCC), Melendrez, 43, complained to Wexford staff in July 2020 of an ear infection causing her pain and discomfort. She said that her requests for assistance were ignored, however, and the symptoms worsened over many months, eventually including congestion, sore throat, muscle and chest pain, as well as dizziness. The ear infection was allowed to progress to the point that it caused complete hearing loss in Melendrez’s left ear and near-total loss in her right ear.

Melendrez sued Wexford and NMCD for medical negligence, naming over 20 individual Wexford employees involved in her care. Wexford settled the claims against the firm on December 12, 2023, by agreeing to pay Melendrez $250,000. She was also represented by attorneys with Collins & Collins and DeLara, Supik, & Odegard. See: Melendrez v. Wexford Health Sources, Inc., N.M 1st Jud. Dist. Ct. (Santa Fe Cnty.), Case No. D-101-CV-2022-01177.

Greg Roybal: The 50-year-old Roybal was confined at NMCD’s Lea County Correctional Facility (LCCF) in 2020. Between September and December of that year, he reported to Wexford staff that he was suffering from increasingly worsening pain in his lower spine. Though Roybal’s condition was so severe that he could barely stand, his complaints were largely ignored, he said.

No diagnostic testing was ordered until Roybal was finally transported to a local hospital for an MRI in December 2020. There medical providers soon discovered that he was suffering from a serious vertebral infection, which required that a surgical posterior fusion of those labeled T6 to T12 to fixate his spine. The surgery caused him significant and prolonged pain and suffering, leaving him also with a life-long disability.

Yet upon his return to LCCF, Wexford staff failed to provide medically necessary follow-up care, he said—including rehabilitative therapy, the lack of which further hindered his recovery. Roybal sued Wexford and NMCD for medical neglect in both state and federal court, naming Wexford Dr. Chirag Acharya, MD, and Aiste Chamblin, CNP. On June 13, 2024, Wexford settled the cases with an agreement to pay him $212,500. Roybal was also represented by attorneys with Collins & Collins and DeLara, Supik, & Odegard. See: Roybal v. N.M. Corr. Dep’t, N.M. 1st Jud. Dist. Ct. (Santa Fe Cnty.), Case No. D-101-CV-2022-0163; and Roybal v. Wexford Health Sources, Inc., USDC (D.N.M.), Case No. 2:23-cv-01094.

According to a check of the state Medical and Nursing Boards in November 2024, both providers named in the suit retained active medical licenses with no disciplinary history.

Robert DeLayo: While confined and working a prison job at the Northwest New Mexico Correctional Center (NWNMCC) in June 2020, DeLayo injured his back. Wexford medical providers diagnosed a pulled muscle and prescribed over-the-counter pain medication. But DeLayo’s back pain continued to worsen throughout the summer. He told Wexford staff that the pain was so severe he could barely stand or eat. His complaints were mostly ignored, he said.

By September 2020, DeLayo’s condition was so severe that he was vomiting blood and had to use a walker to move about. Finally, in March 2021, DeLayo was taken to a local hospital, where doctors discovered he was suffering from esophageal varices—enlarged veins in the esophagus that can cause severe bleeding and can be life-threatening. Doctors also discovered damage to his T7 and T8 vertebra. Both conditions required surgery.

DeLayo was also positive for Hepatitis-C and as a result had cirrhosis of his liver—a condition made worse by the train placed on the organ by all the pain medication DeLayo received for his back pain. Wexford refused to provide treatment for DeLayo’s Hep-C, stating that he would need to remain free of disciplinary infractions for at least a year in order to qualify.

DeLayo sued Wexford and NMCD in federal court, raising medical neglect and related claims. Wexford settled the case on January 10, 2023, by agreeing to pay him $50,000. DeLayo was represented by Albuquerque attorney Frances C. Carpenter. See: Delayo v. N.M. Corr. Dep’t, USDC (D.N.M.), Case No. 1:22-cv-00165.

The Wexford employee named in the complaint, Dr. Dieter Dennig, still held an active medical license with no disciplinary history in November 2024, according to a check of the state Medical Board website.

William Cawley: While confined at Western New Mexico Correctional Facility (WNMCF), Cawley fell playing softball on November 17, 2022. Wexford medical staff misdiagnosed his injury as a sprained ankle when in fact it was broken. Cawley’s ankle then healed incorrectly and required surgery to repair.

Following his release from prison in 2023, Cawley sued Wexford, claiming that he endured unnecessary pain and suffering as a result of the misdiagnosis. Dr. Dennig was the only Wexford employee named in the complaint. On June 25, 2024, Wexford settled the case by agreeing to pay him $30,000. Cawley was represented by Albuquerque attorney Stephen F. Lawless. See: Cawley v. Wexford Health Sources, Inc., N.M. 2nd Jud. Dist. Ct (Bernalillo Cnty.), Case No. D-202-CV-2023-08644.

Crystal Sandoval: The 34-year-old Sandoval was confined at WNMCF on March 3, 2020, when she and other prisoners were ordered by a guard to strip paint off light fixtures in their unit in preparation for a state inspection. While performing this task, Sandoval fell from a desk inside a cell and seriously injured her hand. She claimed Wexford medical staff failed to properly treat the injury and delayed taking her to a local hospital.

A week later, on March 10, 2020, Sandoval was finally transported to the hospital and seen by a specialist, who said that she would require surgery to repair her fractured hand. Wexford delayed approving the surgery another six days until March 16, 2020, also allegedly refusing to provide Sandoval with appropriate pain medication or other remedial medical care in the interim. Wexford staff also refused to provide recommended after care and physical therapy, she claimed.

After her release from prison in April 2020, Sandoval filed suit against Wexford and NMCD for medical neglect and deliberate indifference. No Wexford employees were named in the complaint. On August 25, 2023, Wexford settled the case by agreeing to pay her $10,000. Sandoval was represented by Albuquerque attorney Justine Fox-Young and Santa Fe attorney Adam S. Baker. See: Sandoval v. N.M. Corr. Dep’t, N.M. 1st Jud. Dist. Ct. (Santa Fe Cnty.), Case No. D-101-CV-2022-00334.

Michael Johnson: While confined at LCCF, Johnson and his cellmate were cleaning their cell on December 28, 2021, when guard Sgt. Thomas—an employee of the prison’s privately contracted operator The Geo Group, Inc.—allegedly slammed Johnson’s hand in the cell door as the prisoner was attempting to sweep debris out onto the tier. Johnson screamed in pain and pleaded for Thomas to open the door to free his hand. But instead, he said, Thomas, who reportedly had a documented history of aggression toward prisoners. kicked the door, cutting into and crushing Johnson’s hand.

Wexford medical staff then failed to properly treat Johnson’s broken hand, he said, causing it to heal incorrectly and then break again about a year later. As a result, Johnson endured prolonged and unnecessary pain, suffering permanent partial disability in his hand.

He sued Wexford for medical neglect. On January 22, 2024, Wexford settled the case by agreeing to pay him $7,500. No Wexford employees are identified by name in the complaint, and the settlement agreement did not resolve Johnson’s claims against NMCD, Geo Group or Sgt.Thomas. Johnson was represented by Albuquerque attorney Nick Sitterly. See: Johnson v. N.M. Corr. Dep’t, N.M. 1st Jud. Dist. Ct. (Santa Fe Cnty.), Case No. D-101-CV-2022-01329.

Melissa Folsom: Six years before she was confined at WNMCF in 2017, Folsom had been diagnosed with Hep-C and also Hep-B. But her lab result indicated that she was a good candidate for antiviral treatment. NMCD medical providers—Centurion first, and then Wexford—allegedly refused to provide the treatment, she said. Before her release in 2019, an ultrasound revealed that Folsom had developed cirrhosis of the liver, which she blamed on the denial of her repeated requests for treatment and grievances filed to challenge when it was denied. She never received antiviral treatment during her incarceration.

Following her release from prison, Folsom sued NMCD, Centurion and Wexford for medical neglect. Wexford employees named in the complaint were Dieter Dennig, MD, Murray Young, MD, Michele Cox, DO, Hillary Habiger, NP, and Michelle Lucero, PA-C. On September 12, 2023, Wexford settled its share of the claims by agreeing to pay Folsom $1,500. Folsom was represented by attorneys from Collins & Collins and Guebert Gentile & Piazza, PC. See: Folsom v. Centurion Corr. Healthcare of N.M., LLC, N.M. 1st Jud. Dist. Ct. (Santa Fe Cnty.), Case No. D-101-CV-2020-02551.

As PLN reported, Centurion settled its share of the claims by agreeing to pay Folsom $8,500.00 in 2022. [See: PLN, Dec. 2024, p.1.] Both the Wexford and Centurion settlements indemnified NMCD. A check of the websites maintained by the state Medical and Nursing Boards in November 2024 indicated that they retain active medical licenses with no history of discipline, except for Dr. Young whose medical license status PLN was unable to verify.

Dental Settlements

Fabian Romero: While confined at NENMCF on February 26, 2020, Romero had a wisdom tooth extracted. He then developed a severe infection that Wexford staff allegedly left untreated for nine days before he was transported to a local hospital on March 6, 2020. There a specialist cut and drained the infected area before administering antibiotics.

Romero claimed that he suffered pain and life-threatening injuries as a result of Wexford’s negligence. After treatment at the hospital, he said, he continued to suffer side effects for another month during which he was still in pain and had difficulty eating and breathing.

Romero sued Wexford for medical neglect. Dr. Migdalski was the only Wexford employee named in the complaint. On January 2, 2024, Wexford settled the case by agreeing to pay him $25,000. Romero was represented by Albuquerque attorney Stephen F. Lawless. See: Romero v Wexford Health Sources, Inc., N.M. 2nd Jud. Dist. Ct (Bernalillo Cnty.), Case No. D-202-CV-2022-00933. PLN was unable to verify the status of Migdalski’s medical license.

Brandon Wagner: In November 2019, Wagner was a prisoner at the New Mexico Penitentiary when he complained of a chipped tooth. But Wexford staff ignored him for approximately four months, he said. Meanwhile, the chipped tooth eventually cracked and broke off inside Wagner’s gum, causing him extreme pain.

Wagner filed a pro se complaint in state court accusing Wexford and NMCD of violating his constitutional rights with deliberately indifference to his serious medical needs. Wexford removed the case to federal court before settling it on April 13, 2022, with an agreement to pay Wagner $1,000. By that time Wagner had been released from custody and was residing in Rhode Island, which may explain why he agreed to such a low settlement amount. See: Wagner v. N.M. Corr. Dep’t, USDC (D.N.M.), Case No. 1:20-cv-01337.

Concluding Thoughts

As with the $8 million in payouts that Centurion made to settle claims lodged while it was NMCD medical contractor, the $3.3 million in payments documented for Wexford in these cases represents just a tiny fraction of hundreds of millions of dollars in taxpayer funds that it has collected—despite providing such allegedly substandard care to prisoners. These cases will likely have no meaningful impact on the company’s behavior nor any impact on the overall quality of care provided to state prisoners. Sadly, the payouts are most likely seen as an insignificant cost of running an extremely profitable business.

It is also worth noting that Wexford has held the NMCD contract for about as long as Centurion did, and the latter firm settled 47 prisoner claims, including 13 wrongful death cases. So while Wexford has settled only 14 claims—three of which were wrongful death cases, it started much later, and many cases filed against the firm may not yet be resolved. Only time will tell if Wexford ends up paying out as much as Centurion did during its tenure.

But by continuing to contract with companies like Wexford and Centurion—knowing that they will be frequently challenged for failing to provide appropriate medical care to prisoners, New Mexico betrays indifference to the suffering inflicted upon those it confines. By holding the strings to the purse from which these firms are paid, the state is at least as guilty when state prisoners continue to suffer and sometimes die at their hands. That situation won’t improve, either, so long as NMCD continues to farm out its constitutional obligation to contractors whose profit motive acts as disincentive to provide meaningful medical care.

To date, New Mexico lawmakers have demonstrated no willingness to intervene, though Wexford continues to incur expensive sanctions for contractual failures—a total of $3.1 million for staffing shortages alone in fiscal year 2023. The state received 23 tort claim notices that year, 11 of which had been filed as lawsuits against the state and Wexford when NCMD inked a new four-year contract with Wexford on November 25, 2024. Under its terms, the state will pay the firm between $286.5 and $317.8 million, depending on the population in the state’s 10 prisons. Knowing the track record of both recent contractors, that’s apparently how much New Mexico is willing to gamble on the health and lives of 5,864 men and women that it cages.  

Additional source: Santa Fe New Mexican

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