A Santa Fe jury has deadlocked in a wrongful-death case against Christus St. Vincent Regional Medical Center and a former surgeon there, brought by the family of an Española electrician.

State District Judge Jim Hall declared a mistrial Friday afternoon after the jurors informed him they were unable to agree on a verdict.

Hall sent the eight-woman, four-man jury back to the jury room once for a final "shotgun" session, but after they again assured him they were hung, he sent the jurors home.

A bailiff who did not want to be identified said the final vote was 7 to 5, but she did not say which side was in the majority.

One juror confirmed the deadlock but said she did not want to discuss the case. The jury foreman, the judge and the lawyers in the case were not available for comment Friday.

Andy Montoya's children sued Christus St. Vincent and Lawrence Goldstein, the hospital's former chief of vascular surgery, for medical malpractice.

Montoya, 74, died Dec. 11, 2005, four days after surgery to unblock his carotid artery. His children allege Goldstein and others at the hospital were slow to respond to Montoya's labored breathing that began when the head of his bed was lowered — contrary to post-operative instructions.

In closing arguments Thursday, the Montoyas' lawyer, Richard Sandoval of Albuquerque, urged the jurors to assess both compensatory and punitive damages to "send a message" to the hospital, Goldstein and other doctors.

Christus St. Vincent's attorney, William Slattery of Santa Fe, said the plaintiffs had failed to prove any shortcoming at the hospital caused Montoya's death.

Kathleen Wilson, a lawyer for Goldstein, accused Sandoval of a "character assassination attack" against her client with "outrageous claims" based on "smoke and distraction."

Goldstein is suing Christus St. Vincent for dismissing him in 2006 and now works in California. He sat with the hospital's attorneys and representative at the defense table during the trial that began Oct. 14.

In the case of a mistrial, the plaintiffs can elect to bring the case again.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.