On Oct. 1, 2012, plaintiff Mark Moore, 49, a disabled, former pipeline welder, underwent surgery on his lumbar spine. Moore had a heart condition, and eventually developed pain in his back and neck. It was ultimately determined that he required a laminectomy, facetectomy, and tethered cord release at the L5-S1 level. The procedure was performed by Dr. Timothy Wiebe, a neurosurgeon. After the surgery, Moore developed a dropped right foot. Moore sued Wiebe, alleging that Wiebe failed to properly perform the surgery and that his failure constituted medical malpractice. Bakersfield Neuroscience & Spine Institute was also named as a defendant, but it was ultimately dismissed from the case prior to trial. Plaintiff’s counsel argued that Wiebe failed to protect the nerve roots during the surgery and failed to use a somatosensory evoked potential (SEP) response device during the surgery. Counsel contended that the SEP device monitors the nerves so that if a nerve is injured, the device would alert the user. Thus, plaintiff’s counsel argued that if Wiebe had used the SEP device, the injury would have been avoided. The defense’s expert neurosurgeon testified in regard to the standard of care. He opined that, as to the subject surgery, the standard of care did not require the use of the subject SEP device. The expert also opined that even if the device was used, it would have only indicated that a nerve had been injured and, therefore, would not have prevented any injury. The defense’s neuroradiology expert examined all of the films and testified that he did not see any evidence of misadventures during the procedure. The defense’s neurology expert evaluated Moore and testified as to how Moore was doing physically. He also opined that Moore was improving. Defense counsel noted that Moore admitted that he was told prior to the surgery that paralysis was a potential risk of the surgery., Moore was diagnosed with a right foot drop immediately after the surgery. His condition was immediately treated, and he has since improved. Moore’s back pain has also improved since the surgery. However, Moore claimed that he still has difficulty walking and standing and that he has to wear a brace. Thus, plaintiff’s counsel asked the jury to award Moore $250,000 in past general damages and an unspecified amount of future damages. Defense counsel contended that the treatment for a foot drop is to use an orthotic brace and that Moore’s condition has improved due to physical therapy and use of the orthotic.