Michelle Torma vs. Presbyterian Healthcare Services, et al.

Case Background

On October 29, 2021, Plaintiff  Michelle Torma filed a Medical malpractice and medical negligence lawsuit in the New Mexico State, Albuquerque District Court (Case number: D-202-CV-202106274 ). Judge  Denise Barela-Shepherd presided over this case.

Cause

On January 29, 2019, surgical personnel at Presbyterian Hospital in Albuquerque, New Mexico, performed a complex procedure on Michelle Torma to remove a 75-pound benign tumor. Dr. Karen Finkelstein, a gynecologic oncologist at Southwest Women’s Oncology, led the surgery using a 13-inch by 2-inch metal retractor. Despite the life-saving nature of the operation, the surgical team mistakenly left the retractor in Torma’s abdomen. After the surgery, Torma reported persistent abdominal pain, nausea, anxiety, and an inability to sleep.

A CT scan on March 28, 2019, revealed the metal retractor, which had remained inside her body for 58 days. Dr. Finkelstein, who performed the initial surgery, also conducted a second operation to remove the retractor. Presbyterian Healthcare Services stated that Dr. Finkelstein was an independent provider, not a hospital employee. Torma filed a medical negligence lawsuit in 2021 against Presbyterian Healthcare Services, Southwest Women’s Oncology, and Dr. Finkelstein.

Injuries

The retractor caused Torma significant physical and emotional harm, including unrelenting pain, nausea, anxiety, and severe sleep disturbances. She had to undergo a second surgery to remove the instrument, which exposed her to additional risks and recovery time. Her legal team described the object as a “long, rectangular surgical instrument” that spanned the width of her abdomen, emphasizing the severity of the oversight. The surgical error and medical negligence profoundly impacted her daily life and overall well-being.

Damages

Torma’s attorneys sought over $45 million for medical negligence, pain and suffering, emotional distress, and other associated harms in a medical negligence lawsuit.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Michelle Torma
    • Counsel for Plaintiff: Jacob G. Vigil | Alexandra Cervantes
  • Defendant(s): Presbyterian Healthcare Service | Southwest Women’s Oncology, Inc. | Karen Finkelstein, M.D
    • Counsel for Defendants: Sherrell Shannon | Angelica Michelle Lopez | Brenda M. Saiz | William P. Slattery | Bryan Christopher Garcia | Jade Plagata Delfin | Alyxandria Callison

Key Arguments or Remarks by Counsel

Torma’s attorney, Jacob Vigil, said Tuesday that the purpose of a large punitive award was “to hold Presbyterian accountable and force them to make changes,” including improved training of surgical staff.

“They are supposed to adhere to a stringent policy on counting instruments to prevent the retention of surgical instruments in a patient’s body,” Vigil said. “And they didn’t do it.”

Defendant’s attorney Brenda Saiz said in closing arguments Monday that Presbyterian had accepted responsibility for the mishap, which resulted from “human error” during a complex surgery to remove the massive tumor.

“That’s what this was — a human error or an inadvertent mistake that Presbyterian tries extremely hard to prevent,” Saiz told jurors.

Claims

Michelle Torma’s lawsuit, filed in 2021, alleged medical negligence and related claims against Presbyterian Healthcare Services, Southwest Women’s Oncology, and Dr. Karen Finkelstein. Her attorneys argued that failing to account for surgical instruments during the operation constituted gross negligence.

Defense

Presbyterian Healthcare Services and Dr. Karen Finkelstein defended the case by emphasizing the complexity and urgency of the January 29, 2019, surgery. They argued that the life-saving procedure to remove a 75-pound benign tumor presented significant challenges. Presbyterian’s attorneys claimed that Dr. Finkelstein was an independent provider, not a hospital employee. They also contended that the hospital followed appropriate protocols to support her during the operation.

The defense asserted that retaining the surgical retractor, while unfortunate, was an unintentional error that occurred during a highly complex medical procedure. They claimed that the hospital and its staff acted promptly once the retractor was identified. Dr. Finkelstein performed the second surgery to correct the issue. The defense argued that the hospital’s actions demonstrated a commitment to patient care rather than negligence.

Jury Verdict

On January 13, 2025, The jury delivered a significant verdict in favor of Michelle Torma, awarding her a total of $16.75 million in damages. This included $15 million in punitive damages against Presbyterian Healthcare Services, the largest healthcare system in New Mexico. The jury also awarded $1.75 million in compensatory damages to address Torma’s pain, suffering, and other losses. Presbyterian Healthcare Services was held responsible for 99% of the compensatory damages, while Southwest Women’s Oncology was assigned 1%.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com

Press Release:

https://www.abqjournal.com/news/article_46881372-d2ba-11ef-8a12-47b994a03ec4.html