In a federal lawsuit filed in September THI of New Mexico at Valle Norte accused the Harvey Law Firm of malicious abuse of process and civil conspiracy due to a July case that was handled, or rather mishandled for client James Tracy.
The nursing home alleges that the law firm and lawyers Dusti Harvey and Feliz Rael did not adequately investigate the claim that they pursued on behalf of James Tracy after his death. The attorneys claimed that negligence on the part of Valle Norte’s staff led to a severe delay in the treatment of Mr. Tracy’s priapism that resulted in the loss of his penis.
Priapism is a persistent and painful erection that is not related to sexual stimulation and lasts for more than four hours. The lawsuit against the firm said that the lawyers pursued litigation on behalf of Mr. Tracy without any evidence showing that Mr. Tracy’s penis had been amputated, or that the staff was in any way linked to any penile injury.
The complaint also states that while the Harvey firm claimed that Mr. Tracy had lost his penis, before and after photographs entered as evidence show that it did not occur. The original lawsuit against Valle Norte was withdrawn and dismissed.
A representative for the firm states that Mr. Tracy’s lawsuit alleged that the staff at the nursing home was negligent in that they treated his condition as a joke and did not provide appropriate medical attention. He also said that Mr. Tracy’s original lawsuit was a viable claim for personal injury.
