On May 27, 2014, plaintiff Tannia Delapaz, 39, an emergency medical technician, presented to Dr. Russell Nelson, an orthopedic surgeon, to undergo a revision lumbar microdiscectomy. While Delapaz was under general anesthesia, she suffered a herniation of her C5-6 intervertebral disc. As a result, Nelson performed a cervical decompression almost four days later. Delapaz claimed the delay in performing the decompression caused hemiparesis. Delapaz sued Nelson; Nelson’s medical office, Nelson Spine Institute Inc.; and the hospital where the surgeries’ were performed, Los Robles Hospital and Medical Center. The hospital settled out of the case, and the matter continued against Nelson and Nelson’s medical office. (Nelson along with his various entities were treated as one entity at trial.) Plaintiff’s counsel contended that Nelson violated the standard of care by not performing the decompression surgery on Delapaz’s cervical spine within 24 hours and that Nelson’s failure caused Delapaz’s injury. Delapaza’s expert neurosurgeon explained that the standard of care required Nelson to operate within 24 hours, and opined that if the decompression surgery had been performed within 24 hours, Delapaz would not have had the residual paralysis. Nelson’s counsel contended that the requirement to operate was not emergent, so waiting four days to perform the decompression was acceptable. Counsel also contended that it would have made no difference if Delapaz was operated on sooner., Delapaz claimed she suffered left-sided hemiparesis as a result in the delay in performing the decompression surgery. She alleged that as a result, she will permanently require the use of a wheelchair and will require ongoing care for related issues. Delapaz, who worked as an EMT, claimed that she can no longer work as a result of her condition. Delapaz sought recovery of $5,483,431.81 in total damages for her past and future medical costs, past and future lost earnings, and past and future pain and suffering. Nelson’s counsel argued that the alleged hemiparesis and other residual were due to Delapaz’s prior lumbar condition. Counsel also argued that Delapaz was fabricating her symptoms.