Every second counts when a physician suspects even a hint of necrotizing fasciitis. A surgeon must intervene quickly, or else the bacteria will rapidly consume the host’s flesh. However, when a man in his early 40s presented with worsening cellulitis of his leg, no one at a New Mexico hospital took action until it was too late. While the man sat in the waiting room, his laboratory results and vitals revealed severe sepsis. He sat for four hours as the cellulitis morphed into necrotizing fasciitis. Throughout the night, the man deteriorated. By the time a surgeon was called over 18 hours later, he was in septic shock, acute kidney and respiratory failure, and required vasopressors. Nearly 24 hours after presentation, a surgeon finally began carving out strips of the necrotized tissue. But the man’s blood pressure kept plummeting, and the surgery was stopped before completion. He was transferred to the ICU and placed on life support while doctors informed his family that he was at high risk of death. To save his life, a surgeon amputated his leg below the knee.

From walking into the hospital to being officially admitted, the man was evaluated only once by two treating physicians. While both strongly suspected necrotizing fasciitis, neither called the surgeon. Ten days in, he remained intubated, had a fever, stomach bleeding, and required dialysis. His amputations climbed past his knee as surgeons shaved off more and more of his necrotic flesh. He spent 61 days in the hospital, followed by 315 days in skilled nursing, before he could finally go home. He had entered the medical system able to lift weights and play basketball, but when he emerged, his leg had been taken from him, leaving him with a lifetime of disfigurement and permanent disability.  

James Wood, founder of James Wood Law based in New Mexico and Arizona, focuses exclusively on medical malpractice. When the victim contacted him, James quickly identified clear evidence of gross negligence. His first challenge was to disprove claims that the amputation was unavoidable. The client had walked and driven himself to urgent care and the hospital — only after being left untreated did his condition become critical. To frame his damages argument, James sent filmmakers to document the victim’s new reality, from abandoned gym equipment to daily struggles with basic tasks.

The case faced multiple unavoidable delays, including four trial continuances, which reduced pressure on the Defense to settle. Using the time to his advantage, though, James assembled a top-tier team of experts: an ER doctor from Yale, specialists in internal medicine, radiology, hospital care, and a UC physician focused on causation. A life care planner and economist projected the victim’s future medical costs. Meanwhile, the hospital hired some of New Mexico’s most skilled Defense attorneys, who succeeded in excluding one of James’s key expert witnesses. Anticipating that they would try to confuse the jury, James focused on keeping the narrative clear and straightforward. He encouraged collaboration among his experts and brought in DK Global to create two animations to simplify the case. The presentation, developed alongside his experts and an in-house nurse consultant, emphasized the failure to diagnose clear signs of necrotizing fasciitis. He also leaned on a memorable motif: a quacking duck, illustrating the idea that if something looks and sounds like a duck, it probably is.

In the first 3D animation, the exterior of the urgent care, followed by the victim waiting to be examined, was shown along with a clock and a list of the victim’s initial findings. Next, he was depicted walking out of urgent care, driving to the hospital, and walking into the hospital. As the victim proceeded through his triage evaluation and the waiting room, red flags popped up with key facts that the doctors were missing. Occasionally, the animation cut to educational slides regarding septic shock and necrotizing fasciitis. The victim's swollen and necrotic leg was displayed, along with the time that had elapsed since he arrived for care. A quacking duck walked on screen to highlight the signs and symptoms the doctors had ignored. The animation continued to document the victim's deterioration as time ticked past. The final part of the demonstrative showed the victim receiving his first unsuccessful surgery, along with his intubation, amputated leg, and an interior look at his failing organs.

In the second animation, each of the victim's surgeries was animated to accurately illustrate the necrotized flesh, deep incisions, continued debridement, progressive amputations, and the use of surgical scalpels, scissors, and bone saws. Full body animations of the victim and 3D illustrations of the bones and arteries helped give detailed and complete representations of the invasiveness of each surgery. Along the way, captions guided the viewer through each step of the medical procedures.

James and the Defense headed to mediation twice. Both times, the parties left feeling polarized and without any agreements. Four weeks before trial, James had his opening statement prepared, which included DK Global’s two animations and the “day in the life” video. He signaled to the Defense that he’d be ready for a dogfight if the case were to go to trial. However, when the case was yet again continued, he sat down one-on-one with the Defense’s lead attorney for a final attempt to settle the case. Initially, the offers came in at the low end of the seven-figure range. However, they substantially increased as their talks continued. Eventually, the two attorneys settled for a confidential number in the upper seven-figure range. Throughout the years of litigation, James’s client kept a stiff upper lip and never grew upset. When the final settlement number came in, the victim was ready and relieved that he would have the funds to manage his care for the rest of his life.

James Wood of James Wood Law has represented victims against corporations, insurance companies, hospitals, and doctors in cases of medical malpractice. He has tried more than 30 cases to a jury and has settled more than 250 — many of which resulted in verdicts or settlements of more than $1 million. In one notable case, James obtained a jury verdict of $23.8 million. He is admitted to practice law in Arizona, New Mexico, and Texas. Additionally, James obtained board certification as a Civil Law Trial Specialist by the National Board of Trial Advocacy and in Personal Injury Trial Law by the Texas Board of Legal Specialization. He also received board certification as a Civil Pretrial Practice Advocate by the National Board of Legal Specialization. His accolades included being among the Top 100 Trial Lawyers in New Mexico, a Super Lawyer in Personal Injury Law, and AV Preeminent.