According to the lawsuit, Christy was admitted to Thomas Memorial on May 24, 2006, and was treated for chronic diverticulitis. Kyer performed an elective sigmoid resection by laparoscopic means. Christy was released on May 28, 2006. However, on June 2, 2006, he went to the emergency room, complaining of severe abdominal pain. He was admitted and a CT scan revealed a free intraperitoneal error.