Medical Negligence: New Mexico Hospital Ordered to Pay $16.75 Million After Leaving 13-Inch Retractor in Patient for Two Months
Michelle Torma v. Presbyterian Healthcare Services, et al
Case Overview
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 staff at Presbyterian Hospital in Albuquerque, New Mexico, performed a complex procedure on Michelle Torma to remove a 75-pound benign tumor. The operation, led by Dr. Karen Finkelstein, a gynecologic oncologist with Southwest Women’s Oncology, involved the use of a 13-inch by 2-inch metal retractor. While the surgery was life-saving, the surgical team accidentally left the retractor inside Torma's abdomen.
Following the procedure, Torma experienced ongoing abdominal pain, nausea, anxiety, and difficulty sleeping. A CT scan on March 28, 2019—58 days after the surgery—revealed the presence of the forgotten retractor. Dr. Finkelstein, who performed the initial operation, also conducted a second surgery to remove the instrument.
Presbyterian Healthcare Services later stated that Dr. Finkelstein was an independent provider rather than a hospital employee. In 2021, Torma filed a medical negligence lawsuit against Presbyterian Healthcare Services, Southwest Women’s Oncology, and Dr. Finkelstein.
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.
Jury Verdict
On January 13, 2025, the jury rendered a substantial verdict in favor of Michelle Torma, awarding her $16.75 million in damages. This included $15 million in punitive damages against Presbyterian Healthcare Services, the largest healthcare provider in New Mexico. Additionally, the jury awarded $1.75 million in compensatory damages to address Torma’s pain, suffering, and other losses. Presbyterian Healthcare Services was deemed responsible for 99% of the compensatory damages, with Southwest Women’s Oncology assigned 1%.