Professionals

Michelle A. Hernandez

Direct: 505.848.1813
Main: 505.848.1800
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Fax: 505.848.9710
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Email: mah@modrall.com

Overview

Michelle Hernandez concentrates her practice in the areas of healthcare, litigation, products liability, torts and personal injury.  Michelle's experience includes nursing home litigation, insurance defense and general liability defense.  She has a diverse practice and has represented nursing homes and individual providers in litigation matters, and in criminal matters involving the New Mexico Attorney General as well as other regulatory agencies.  Michelle is Board Certified in New Mexico as a Health Law Specialist.   Her experience also includes serving as an arbitrator in a wrongful death nursing home case, and as court-appointed arbitrator in several collection matters.  In addition, Michelle has represented contractors, public schools, municipalities, and various other professionals and industries in various tort and contract cases.  Michelle has achieved an AV® rating from Martindale-Hubbell based on a peer review.

Prior to joining Modrall Sperling, Michelle served as a judicial law clerk to the Honorable Joseph F. Baca, Senior Justice for the New Mexico Supreme Court.  Michelle serves as Chair of Modrall Sperling's Healthcare Practice Group.   

Michelle was born and raised in Albuquerque, New Mexico, and has family throughout Northern New Mexico.

Education

  • University of California at Los Angeles, J.D., 1997, Awarded Pioneering Women in the Law Scholarship, 1995
  • University of New Mexico, B.A. in Political Science,magna cum laude, 1994, Phi Beta Kappa

Bar Admissions

  • New Mexico 1997
  • U.S. District Court for the District of New Mexico 2000
  • U.S. Court of Appeals for the Tenth Circuit 1999

Practice Areas

Experience

Representative Cases

  • Successful appeal for nursing home, the New Mexico Court of Appeals overturned what had been New Mexico's largest personal injury verdict of $53.2 Million ($3.2 in compensatory, and $50 Million in punitive) in a case involving a woman who died in a nursing home.  The Court of Appeals decision was appealed to the Supreme Court and the case settled after the Court granted a writ of certiorari.  Member of the Modrall Sperling defense team representing ManorCare.  See Keith v. ManorCare, Inc., 147 N.M. 452, 224 P.3d 1257 (2009).

  • See Fritzsche v. Albuquerque Municipal School Dist., 194 F.Supp. 1194 (D. N.M. 2002).

  • See Santa Fe Techs. v. Angus Networks, 131 N.M. 772, 42 P.3d 1221 (Ct. App. 2001).

  • See Teran v. Consol. Freightways Corp. of Delaware, Cir. No. 00-229 RLP/WWD, Doc No. 53 (D. N.M. 2000).

Representative Clients

  • ManorCare
  • Sunrise Senior Living
  • Mountain States Mutual Casualty

Activities

Professional Activities

  • State Bar of New Mexico, 1997-present; Committee on Women and the Legal Profession, 2013
  • New Mexico Commission on Professionalism, Executive Committee, 2012
  • Member, New Mexico Supreme Court Committee on the Rules of Civil Procedure, 2011-present
  • American Bar Association, Member, Minority Trial Lawyer Committee, 2009-present
  • New Mexico Defense Lawyers Association, President, 2012; President-Elect, 2011; Annual Meeting Coordinator, 2011; Treasurer/Secretary, 2010; Managing Partner Luncheon Coordinator, 2009; Board of Directors, 2007-present
  • New Mexico Association of Commerce and Industry, Member, 2007-2011; Board of Directors, 2009-2011; Vice-Chair, Legal Reform Committee, 2011; Chair, Legal Reform Committee, 2010
  • Hispanic National Bar Association, Member 1997-present; Deputy Regional Vice-President, 2008-2009; Annual Convention Steering Committee and CLE Coordinator, 2009
  • Leadership Albuquerque Alumni Association, President, 2008-2009; Board of Directors, 2007-2008
  • International Association of Defense Counsel, Member 2005-present; Membership Committee, 2011-present, New Mexico State Membership Chair, 2013; Diversity Committee, Vice-Chair 2010-present; Conference Planning Committee – Tennis Coordinator, 2011;
  • New Mexico Emerge, Board of Directors, 2007
  • New Mexico Bar Association, 1997-present
  • Greater Albuquerque Chamber of Commerce Leadership Conference, Chair, Planning Committee, 2006-2007; Planning Committee, 2005-2006
  • Leadership Albuquerque, Member, 2004-2005
  • University of New Mexico Alumni Association, Awards Committee, 2003-present; Board of Directors, 2000-2006; Treasurer, 2003-2004; Homecoming Committee – Southwest Fiesta Chair, 1997-1999
  • New Mexico First Town Hall, Chief Recorder, 2003; Recorder, 2002
  • H. Vearle Payne American Inns of Court, 2000-2003

Firm Committees

  • Chair, Healthcare Industry Group, 2007-present
  • Marketing Committee, 2008-2009
  • Technology Committee, 2006-present
  • Paralegal Committee, 2002-2003
  • Recruiting Committee, 2000-2005

Discourse

Articles

Presentations

  • "Litigation Risk," New Mexico Healthcare Association, 2011 Leadership Symposium
  • "Women in the Courtroom," Panel Moderator, New Mexico Defense Lawyers Association, 2010
  • "Dealing with the Difficult Expert," Litigation Counsel of America, Spring Conference, 2010
  • "Depositions," New Mexico Healthcare Association Annual Meeting, 2009
  • "Privileges, Standards, and Record Keeping," Case Management Society of America, Rio Grande Chapter, Annual Meeting, 2009
  • "School Law in New Mexico," Lorman Presentation, 2003
  • "Student Handbook and School Rules," Lorman Presentation, 2002

Honors

  • New Mexico Board Certified Health Law Specialist, 2010-present
  • Fellow, American Bar Foundation , 2010-present
  • Fellow, Litigation Counsel of America, 2007-present
  • Martindale Hubbell AV® Preeminent Peer Review Rated
  • New Mexico Business Weekly, 40 Under Forty, 2011
  • Who's Who in American Law, 2007