On Dec. 29, 2011, plaintiff Morgan Montgomery, 16, a student, underwent surgery to have two ventriculoperitoneal (VP) shunts entirely removed from her brain. The surgery was performed by Dr. Michael Levy, a pediatric neurosurgeon, at Rady Children’s Hospital-San Diego. Morgan was previously diagnosed with hydrocephalus and an arachnoid cyst. As a result, in 1998, Morgan, then 2.5 years old, had shunts surgically placed to drain excess fluid from her brain. However, from the ages of 13 to 16, Morgan reported escalating chronic headaches, and there was subsequently a finding of a macroadenoma on her pituitary gland. At an office visit in December 2011, Levy allegedly told Morgan and her family that he wanted to resect the macroadenoma, which he believed had enlarged, and that he wanted to see if Morgan needed to have the shunts removed, as they were allegedly not working on the day of the exam. As a result, Levy removed both shunts entirely on Dec. 29, 2011. Levy allegedly found an adenoma during the procedure, though this was not confirmed by pathology. Over the course of the next 16 days, Morgan got progressively worse with increasing headaches, new seizures, and progressive loss of vision. However, Levy allegedly insisted that Morgan no longer needed the shunts. By the 16th day, Morgan had no vision whatsoever in either eye. A critical care physician subsequently measured Morgan’s intracranial pressure by performing a lumbar puncture and determined that Morgan had an opening pressure greater than 60 centimeter of fluid, where 28 centimeters is believed to be elevated for a child Morgan’s age. As a result, Morgan was immediately taken to surgery to have a shunt placed by a different surgeon. Morgan sued Levy; Levy’s employer, The Regents of the University of California; and Rady Children’s Hospital-San Diego. She also sued several other physicians and medical groups that were involved in her care, including another pediatric neurosurgeon, Dr. Hal Meltzer; a neuro-oncologist, Dr. John Crawford; an ophthalmologist, Dr. Henry O’Halloran; a pediatric ophthalmologist, Dr. Colin Scher; an internist, Dr. David Weingarten; a pediatrician, Dr. Susan Duthie; the medical groups of Children’s Specialists of San Diego, A Medical Group Inc. and Rady Children’s Specialists of San Diego; a critical care pediatrician and anesthesiologist, Dr. Brock Fisher; an anesthesiologist, Dr. Bradley Peterson; Fisher and Peterson’s medical group, Anesthesia Service Medical Group Inc.; a neuroradiologist, Dr. Nathaniel Chuang; a diagnostic radiologist, Dr. Peter Kruk; and Chuang and Kruk’s medical group, San Diego Diagnostic Radiology Medical Group Inc., which was doing business as San Diego Imaging Medical Group. Morgan alleged that that defendants failed to timely diagnose and treat her elevated intracranial pressure. She also alleged that Levy was negligent in the removal of the shunts and lacked informed consent. In addition, Morgan alleged that Levy’s actions constituted medical battery and that the doctors’ respective employers and medical groups were liable for the doctors’ actions. Levy and some other defendants were dismissed from the case as employees/agents of The Regents of the University of California. Several other defendants were also dismissed from the case. Thus, the matter continued against The Regents of the University of California, Radiologists Chuang and Kruk, and San Diego Diagnostic Radiology Medical Group. Morgan contended that Levy removed the shunts without testing them and without her consent. Plaintiff’s counsel contended that Levy was receiving bonus compensation from The Regents based on the volume of his surgical practice — i.e. number of patients seen and the number of surgeries performed. Thus, counsel asserted that at the time of Morgan’s surgery, Levy was receiving approximately three times his base pay. Defense counsel denied there being any negligence or battery. Counsel contended that the doctors fully informed Morgan and her parents about the nature and extent of the surgery, which was confirmed by the signed consent form. Defense counsel added that the consent form called for removal of the VP shunts, as they were found to not be working at the time of the initial exam by Levy. In addition, counsel asserted that Levy did not believe that the shunts were indicated or necessary at the time they were first placed when Morgan was 2 years old. Defense counsel further asserted that Levy was a salaried employee who did not directly receive compensation from surgeries, but that Levy did receive bonus compensation for a variety of factors, including medical call coverage and medical publications., Morgan claimed that she suffered a brain injury from the prolonged elevated intracranial pressure. Specifically, she was diagnosed with a mild traumatic brain injury. Morgan alleged that as a result, she suffered a permanent loss of her peripheral vision. Plaintiff’s counsel contended that Morgan slowly regained some of her vision, but that the damage to the optic nerves was permanent. Thus, counsel asserted that Morgan is currently considered legally blind. The plaintiff’s treating physicians claimed that the prolonged, elevated, intracranial pressure caused Morgan’s . Morgan is now 22 years old and is a student at Barnard College – Columbia University. Morgan’s general, non-economic damages were capped at $250,000 per the MICRA statutes. However, she claimed that her economic damages, at present value, totaled approximately $2 million. Defense counsel denied that Morgan’s blindness was related to elevated intracranial pressure. Specifically, counsel asserted that Morgan did not have papilledema, which is associated with loss of vision from elevated intracranial pressure, and that Morgan’s blindness was from a different cause. Defense counsel further asserted that at no time, until the very end, did Morgan have papilledema and that all of the consultants, neurosurgeons, neurologists, ophthalmologists, neuro-ophthalmologists, radiologists, neuroradiologists, and pediatric internists believed that there was no evidence of increased intracranial pressure.