On June 22, 2011, plaintiff Carmen Marquez, 48, a private security officer, underwent a laparoscopic cholecystectomy procedure by Dr. Honzen Ou, a general surgeon, at an outpatient surgery center, Four Seasons Surgery Center. During the procedure, Ou accidentally transected Marquez’s common bile duct. As a result, Ou performed a repair surgery. However, following the surgery, Marquez complained of suffering from fibromyalgia, pain at the scar site, tinnitus, blurry vision and uncontrollable bowel movements. Marquez sued Ou and Nations Surgery Center Ontario, the believed operator of Four Seasons Surgery Center. Marquez alleged that Ou failed to properly perform both the laparoscopic cholecystectomy procedure and the repair surgery, and that these failures constituted medical malpractice. She also alleged that Nations Surgery Center was vicariously liable for Ou’s actions. It was eventually determined that the correct name of the operator of Four Seasons Surgery Center was Nations Surgery Centers LP. As a result, Nations Surgery Centers Ontario was removed as a defendant and replaced with Nations Surgery Centers LP. However, Nations Surgery Center LP was ultimately dismissed from the case prior to trial. Plaintiff’s counsel contended that Ou negligently transected Marquez’s common bile duct during the laparoscopic cholecystectomy procedure and that Ou was negligent for attempting to perform the repair surgery at an outpatient surgery center. The plaintiff’s general surgery expert opined that a transection of the common bile duct is almost always preventable and that the subject transection was below the standard of care. He also opined that the attempted repair procedure at Four Seasons Surgery Center was below the standard of care. The defense’s general surgery expert testified that a common bile duct injury is a known and accepted risk of a laparoscopic cholecystectomy procedure and that a common bile duct injury can occur even when a surgeon is operating within the standard of care. He also testified that Ou’s attempted repair and decision to transfer Marquez to Loma Linda University Medical Center were within the standard of care., Marquez claimed that after the surgery, she suffered from fibromyalgia, pain at the site of the surgical scar, tinnitus, blurry vision and uncontrollable bowel movements. She claimed that her condition was all related to Ou’s actions during the surgery. Marquez waived her loss-of-earnings and medical-expenses claims before trial. Thus, she sought recovery of damages for her pain and suffering. The defense’s expert internist opined that Marquez’s alleged were pre-existing, exaggerated, and/or otherwise unrelated to the subject surgery performed by Ou.