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

UPDATE (3/17/23)

On March 13, 2023, the Court issued an Order on Class Plaintiffs' Request For an Order Allowing Withdrawal from Settlement Fund and directed the Settlement Administrator to proceed with distribution of Settlement benefits. The period in which Defendants have to appeal this decision will conclude once 4/12/23 has passed. If there is no appeal filed, the Settlement Administrator will move to distribution of Settlement Benefits shortly thereafter. Please continue to check this Settlement website for more updates as time progresses.

Para ver este sitio web en español.

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.





The claim filing period in this settlement has begun. You must file your claim by May 27, 2022.

To file your claim online — Please Click Here:
To download a paper claim form please Click Here:

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.

May 27, 2022


The Court held a hearing on this matter and issued final approval. A copy of the order is available on the important documents page of this website.


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 the Court or the Clerk of Court with any questions.