Albuquerque, NM — A New Mexico jury has awarded almost $17 million to a woman after she unknowingly lived with a 13-inch metal retractor in her abdomen for two months following a surgical procedure performed at Presbyterian Hospital in 2019. This decision includes one of the state’s largest punitive damages in recent medical malpractice judgements, posing serious questions about surgical safety protocols.
The substantial award handed down includes $15 million aimed to punish Presbyterian Healthcare Services, the state’s most extensive healthcare network, for this severe oversight. Additionally, the plaintiff, Michelle Torma, received $1.75 million in compensatory damages. Presbyterian is responsible for 99% of these damages, with the remaining 1% falling to Southwest Women’s Oncology.
Apparently, the surgical team inadvertently left the large metal tool inside Torma’s abdomen after they removed a sizable 75-pound benign tumor on January 29, 2019. It wasn’t until March 28, 2019, following a CT scan that revealed the mysterious object, that the error was discovered and promptly rectified through another surgical intervention.
The lawsuit, filed in 2021, named Presbyterian Healthcare Services, Southwest Women’s Oncology, and their gynecologic oncologist, Dr. Karen Finkelstein, who led the initial surgery, highlighting multiple allegations including medical negligence.
After a weeklong trial and about two hours of deliberation, the jury in the 2nd Judicial District Court, presided over by Judge Denise Barela-Shepherd, reached its decision. Despite Presbyterian’s legal representatives accepting responsibility and attributing the mishap to human error during a complicated, though lifesaving, procedure, the jury sided heavily with the plaintiff.
Brenda Saiz, the attorney for Presbyterian, refrained from commenting extensively about the verdict, noting the hospital’s uncertainty about an appeal. During closing statements, Saiz emphasized that the hospital had recognized and accepted its mistake, which stemmed from human error, and argued against the need for punitive damages by highlighting Presbyterian’s strict policies and measures intended to prevent such occurrences.
Presbyterian Healthcare Services expressed its regret over the incident. A spokesperson, Amanda Schoenberg, underscored the institution’s dedication to maintaining high standards of care and mentioned that further training and preventive practices have been implemented to avoid such isolated incidents in the future.
The jury’s decision, although substantial, did not meet the $45 million sought by Torma’s legal team, which aimed to initiate systemic changes within the hospital system through rigorous punitive damages. Jacob Vigil, Torma’s attorney, stressed the importance of strict adherence to policies related to the counting of surgical instruments to prevent retention inside patients’ bodies, a protocol he claims was not followed.
The verdict brings critical attention to surgical safety practices and underscores the significant implications for healthcare providers when such standards falter. Meanwhile, the legal representatives of the involved parties continue to process the repercussions of the jury’s decision.
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