This section contains the nature of the case and procedural background.

Thomas (P) rolled over in bed and experienced pain in her back between her shoulder blades. Surgery was recommended for the disc herniation from which she suffered. During surgery, the disc fragments were removed, and a bone plug was removed from P's hip and placed in the spine to fuse the two vertebral bodies. P experienced pain after the surgery because the bone plug was encroaching on the C-7 nerve root. Another surgery ensued. The pain continued, and another surgery ensued. The pain continued. During trial an expert witness testified that P suffered from a condition called hysterical conversion; the pain was all in her mind. D had two experts examine the records and P depositions, and they testified that the plug was done properly. The jury verdict was given to D and P appealed.

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