On May 25, 2011, plaintiff Maria Gonzales, an unemployed woman in her 60s, was about to undergo a planned spinal surgery when Dr. Morey Bubis, an anesthesiologist, encountered difficulties intubating her. Bubis attempted ventilation three times, with the third time yielding only minimal ventilation. As a result, Bubis performed a tracheostomy on Gonzales, who recovered. Gonzales’ planned surgery then proceeded without further issue. However, Gonzales claimed she suffered due to the Bubis’ attempts to ventilate her. Gonzales sued Bubis; Bubis’ medical group, Grossmont Anesthesia Services Medical Group Inc.; and the hospital where the surgery was performed, Grossmont Hospital. Gonzales alleged that the defendants negligently intubated her and that their negligence constituted medical malpractice. Grossmont Anesthesia Services and Grossmont Hospital were ultimately dismissed prior to trial. Thus, the matter proceeded to trial against Bubis only. The plaintiffs’ anesthesiology expert opined that all three of Bubis’ intubation attempts were into Gonzales’ esophagus, instead of her trachea. Bubis’ counsel contended that Bubis, and the three other physicians who responded to the Code, performed the intubation properly, but that the attempted intubations were unsuccessful because Gonzales suffered a bronchospasm, which prevented air from flowing into the lungs., Gonzales claimed she had issues with her throat, resulting in hoarseness with her voice. She also claimed she suffered a brain injury due to the lack of oxygen during the intubation attempts, resulting memory loss. Gonzales’ husband, Juan Gonzales, presented a derivative claim, seeking recovery for his loss of consortium. The defense’s neurology expert opined that Mrs. Gonzales did not suffer a brain injury.