On Oct. 19, 2011, plaintiff Caryl Harrison, an unemployed 43 year old, underwent a posterior instrumentation and fusion of a T12 burst fracture. The surgery was performed by Dr. Derek Taggard. Harrison was previously involved in a motor vehicle accident on Oct. 17, 2011. During the collision, she was ejected from her vehicle and suffered that included burst fractures at C2 and T12. Harrision subsequently underwent a surgical repair of the C2 burst fracture by Taggard on Oct. 18, 2011. The following morning, Harrison underwent the posterior instrumentation and fusion of the T12 burst fracture. Following the second procedure, Harrison was determined to be paralyzed from the T12 vertebra down. Harrison sued Taggard, Sutter Roseville Medical Center, California Pacific Medical Center, and Sutter Home Health. Harrison alleged that Taggard failed to properly perform the thoracic instrumentation and fusion and that this failure constituted medical malpractice. He also alleged that the medical facilities were liable for Taggard’s actions. The medical facilities were ultimately dismissed from the case, while Sutter Medical Group was added as a defendant. Thus, the matter continued against Taggard and Sutter Medical Group only. Plaintiff’s counsel contended that Taggard failed to remove a bone fragment that was known to be in the spinal canal before the thoracic surgery. Counsel contended that as a result, the bone fragment moved during the surgery and caused Taggard’s paralysis. Defense counsel contended that the bone fragment was small and normally would not have created a risk to the cord. Counsel argued that it would have been more dangerous to try to remove the fragment with a grossly unstable spine than it would have been to stabilize the spine with the fragment in place., Harrison claimed she was rendered a paraplegic as a result of the surgery on Oct. 19, 2011. She was determined to be paralyzed from the T12 vertebra level down. Later, Harrison developed multiple bedsores, which are alternately termed “decubitus ulcers” or “pressure sores.” For treatment, she underwent rehabilitation and multiple surgeries to treat the decubitus ulcers. Harrison is now wheelchair bound and requires 24-hour care. She claimed she is no longer independent in her transfers because of the continuing problem with decubitus ulcers. As a result, she was moved to a skilled nursing home facility. Thus, Harrison sought recovery of approximately $13.5 million (present cash value) for her future medical costs and life care expenses as outlined in a life care plan. She waived her claims for non-economic damages, past medical expenses, and loss of income. Defense counsel disputed the amount of future expenses alleged. The defense’s life expectancy expert testified about Harrison’s history of psychiatric problems and substance abuse, and opined that this history would affect Harrison’s life expectancy.