On December 4, 2001, plaintiff, age 33, underwent a lumbar spinal fusion for a herniated L4-L5 disc. Ten months earlier, plaintiff underwent a discectomy by the same defendant surgeon, which was unsuccessful. Following the fusion surgery, plaintiff developed severe pain into both legs. Prior to the surgery, her pain had been localized in the low back. In addition, plaintiff developed severe right hip pain as a result of a violation of the sacroiliac joint by defendant during the removal of bone from the iliac crest to be fused into the lumbar spine.

Approximately four years later, plaintiff underwent a complete revision of the fusion hardware. That surgery provided relief of the severe radiculopathy, which plaintiff experienced in both legs. However, it did not improve her significant low back and hip pain. Plaintiff was left with permanent severe low back pain and moderate right hip pain.