Vigil Law Firm, P.A., an Albuquerque law firm representing victims of medical negligence and catastrophic injuries, secured a $16.75 million jury verdict in a New Mexico medical malpractice case involving a surgical instrument left inside a patient’s abdomen. Led by attorney Jacob Vigil, the case brought attention to failures in hospital safety procedures and the consequences of preventable medical errors.
The verdict, reported by the Albuquerque Journal in January 2025, was also featured in Expert Institute’s national roundup of significant medical malpractice verdicts. The case reflects Vigil Law Firm’s longstanding experience representing New Mexico patients and families in complex litigation against healthcare providers and institutions.
$16.75 Million Medical Malpractice Verdict Against New Mexico Healthcare Providers
The lawsuit involved Michelle Torma, who underwent surgery at Presbyterian Hospital in Albuquerque on January 29, 2019, to remove a 75-pound benign tumor. Although the tumor was successfully removed, a 13-inch metal surgical retractor was mistakenly left inside her abdomen. The instrument remained there for approximately 58 days before being discovered through a CT scan.
During that time, Torma experienced pain, nausea, anxiety, and difficulty sleeping. She underwent a second surgery on March 28, 2019, to remove the retained instrument, exposing her to additional medical risks and extending her recovery.
Represented by Jacob Vigil, Torma filed a medical malpractice lawsuit against Presbyterian Healthcare Services, Southwest Women’s Oncology, and the surgeon involved in the original procedure. The litigation examined whether established surgical safety protocols had been followed, particularly procedures requiring surgical teams to account for instruments before completing an operation.
Following a weeklong trial in New Mexico’s Second Judicial District Court, the jury awarded $1.75 million in compensatory damages and $15 million in punitive damages against Presbyterian Healthcare Services. The jury assigned 99% of the responsibility for compensatory damages to Presbyterian and 1% to Southwest Women’s Oncology.
Presbyterian acknowledged that a mistake had occurred but maintained that it resulted from human error during a complex operation. Vigil argued that the surgical team failed to follow procedures designed to prevent instruments from being left inside patients.
The resulting $16.75 million verdict highlighted the responsibilities of healthcare institutions to maintain effective patient safety procedures. It also demonstrated the role medical malpractice litigation can play in investigating preventable injuries and holding negligent healthcare providers accountable.
Vigil Law Firm Recognized in Major Medical Malpractice Verdicts of 2025
The case gained national attention when the Expert Institute included Vigil Law Firm in its review of major medical malpractice verdicts from 2025. The publication identified the firm’s representation in the $16.75 million New Mexico verdict and examined the circumstances surrounding the retained surgical instrument and the hospital’s responsibility for the error.
For decades, Vigil Law Firm has represented individuals and families in medical malpractice lawsuits involving serious surgical errors, hospital negligence, birth injuries, medical misdiagnosis, and other forms of negligent medical care. These cases frequently require extensive investigation, examination of medical records, consultation with qualified experts, and detailed courtroom preparation.
Jacob Vigil has tried more than 100 jury cases throughout his career, including complex litigation involving healthcare institutions and other defendants. His experience has helped establish the firm’s history of handling significant injury claims throughout New Mexico.
The Torma verdict reflects that experience and the firm’s continued focus on seeking accountability when medical negligence causes serious harm. While no legal outcome can undo an injury or guarantee changes in healthcare practices, litigation can provide injured patients with an avenue to seek compensation and examine the conduct that contributed to their injuries.
Supporting New Mexico Communities Beyond the Courtroom
The legal profession’s commitment to protecting New Mexicans extends far beyond litigation. In January 2026, the New Mexico Trial Lawyers Foundation announced that its CARES program distributed $102,000 to 24 local nonprofits addressing hunger, housing, healthcare access, and family hardships. While separate from Vigil Law Firm’s case results, this initiative highlights the broader community dedication shared by local trial lawyers.
If you believe you or a loved one has suffered an injury due to medical negligence, you can contact Vigil Law Firm, P.A. to discuss your legal options.
The $16.75 million figure represents the reported jury verdict, not a verified amount collected. Past results do not guarantee similar outcomes in future cases.