New Mexico
Medical Review Commission
History & Mission
The New Mexico Medical Review Commission was created when New Mexico
adopted the Medical malpractice Act in 1976 to address a crisis in which medical providers were unable to either obtain malpractice insurance, or the cost was so prohibited the providers were exiting the state. Section 41-5-1 to 41-5-29 NMSA 1978.
The statutory function of the Commission is to provide panels to review malpractice claims against qualified health care providers as defined in the Act. The Commission role was redefined in 2021 to narrow the review process to independent persons who are natural persons covered by the Act. No malpractice action may be filed against a qualifying independent provider or that providers employer, master or principal based on a theory of respondeat superior or any other derivative theory of recovery before application is made to the Commission and a decision is rendered.
Staff
Director, Edward “Ned” Shepherd, JD
Edward “Ned” Shepherd is a New Mexico native. He has been an attorney since 1982 and helped establish the firm Allen, Shepherd & Lewis, PA in 1985. Presently he is affiliated with the firm as Of Counsel. His practice for 41 years focused on general tort matters for insurance carriers with an emphasis on various types of professional liability including medical negligence defense. He also is a consultant for the State of New Mexico and University of New Mexico Hospital, assisting with evaluation of Tort Claim Notices. Mr. Shepherd was appointed by the New Mexico Supreme Court in 2022 to be the Executive Director of the Commission.
Panel Chair, Judith Durzo, JD
Judith Durzo, JD, is an appointed Panel Chair. She began practicing law in 1985, spending much of her career mediating, arbitrating, and litigating civil rights, tort, employment, business, real estate, and animal law cases. For the last 30 years she has been a special commissioner, administrative judge, and hearing officer for multiple State, local, and tribal entities. Judy founded and administered a non-profit field school that partnered with National Park Service and the Bureau of Land Management to teach students in the field the natural history of the magnificent public lands of the desert southwest. She co-founded the Animal Law Section at the State Bar. She has been a panel chair since 1991 and plans to continue to do so in between her travels with her husband and hiking with her Irish Wolfhound.
Panel Chair, William C. Herring, JD
William C. Herring, JD, is an appointed Panel Chair. He has been serving as a Panel Chair for the New Mexico Medical Review Commission for the past 19 years, and prior to his appointment as a chair, he served for many years as a panelist. He has practiced law in New Mexico (since 1991) and California (since 1989). After specializing in medical and legal malpractice litigation, he began his current practice representing children in abuse/neglect cases filed in the Second Judicial District Court. He is President of Advocacy, Inc., a non-profit that supplies attorneys trained to represent abused or neglected children; and President of the Los Duranes Neighborhood Association. He enjoys downhill skiing and fly-fishing in New Mexico.
Medical Legal Coordinator, Vanessa Bautista
Vanessa Bautista has been with the New Mexico Medical Review Commission since July 2024. She earned a Bachelor’s Degree from the University of New Mexico and has been in the legal and medical professions since 2007. Her combined experience in these two fields gives her a unique perspective and understanding beneficial to the Commission and its volunteer panelists. She brings her event planning experience and enthusiasm for quality and process improvement to the Commission.
Medical Legal Coordinator, Benjamin Maggard
Benjamin Maggard, JD,has been with the New Mexico Medical Review Commission since February 2021. He grew up in Albuquerque and studied at the University of New Mexico for both undergraduate studies and law school. With training in both public administration and as an attorney, he manages the day-to-day work of the Commission. His personal history includes work with student and local governments, before diving into this position to help swift and orderly consideration of medical malpractice cases.
State Bar & Physician Chairs
State Bar Chair, Howard R. Thomas, JD
Howard R. Thomas, JD, was appointed the State Bar in March 2023. Mr. Thomas is from Albuquerque. He’s been an attorney since 1980. His private practice has primarily focused on litigation in areas such as personal injury, insurance, and design and construction. He was also an Assistant United States Attorney for over 20 years. At DOJ, he directed investigations and prosecuted civil cases involving areas like health care fraud, Indian lands, and public lands. He also defended various civil cases for the United States. Additionally, Mr. Thomas prosecuted numerous Federal criminal cases such as violent crime, narcotics, and firearms cases.
Mr. Thomas has served for many years as a panelist for the NMMRC prior to his appointment as Chair. He also currently serves as a member and Chair of the Disciplinary Board of the New Mexico Supreme Court. He previously served as a member of New Mexico’s Community Development Council, State Personnel Board, and Board of Bar Examiners.
Physician Chair, Larry Levy, MD
Larry Levy, MD, was appointed one of the Physician Chairs in 2020. Dr. Levy is Board Certified in Emergency Medicine and previously in Critical Care Medicine and Pain Medicine. He is retired from active hospital practice, but he continues practice as Medical Director of a Critical Care Medevac air transport service based in Albuquerque. He practiced Critical Care and Emergency Medicine in NM and TX from 1983 through 2018. He has served on the Medical Review Commission as a panel member for over 40 years. Dr. Levy has more than 40 years of experience reviewing medical malpractice cases and has testified as a medical expert for both Defense and Plaintiff cases on multiple occasions.
Physician Chair, Neal Shadoff, MD
Neal Shadoff, MD, was appointed one of the Physician Chairs in 2020. Dr. Shadoff is Board Certified in Internal Medicine and Cardiovascular Disease. Although currently retired as an active Clinical Cardiologist, he practiced in Albuquerque from 1985 through 2020 after two years on the Duke University Faculty. He is the Chairman of the New Mexico Carrier Advisory Committee and has served on that committee for the past 25 years. Dr. Shadoff has more than 35 years of experience reviewing medical malpractice cases and has testified as a medical expert for both Defense and Plaintiff on multiple occasions.