On Jan. 1, 2014, plaintiff Michael Shabsis, 28, a prisoner at the Los Angeles County Jail, suffered a psychotic episode that led him to gouge out his eyes. Shabsis, who had been diagnosed with bipolar and schizoaffective disorders, was arrested the previous month after allegedly attacking his grandfather. He was taken to the “high observation” section of the jail, where he was staying until the court determined whether he was fit to stand trial. Shabsis claimed that the anti-smoking medication Chantix, which was manufactured by Pfizer Inc. and prescribed by Dr. Philip Cogen, a psychiatrist, contributed to his arrest. He also claimed that he fractured his hip in his jail cell and that the prison staff ignored his cries for help. Shabsis claimed that the continued, intense pain led to his breakdown and subsequent autoenucleation (also known as self-nucleation or oedipism, the self-inflicted removal of the eye). Shabsis sued Cogen; Cogen’s medical office, Resnick Neuropsychiatric Hospital at UCLA; Cogen’s alleged employer, The Regents of the University of California; Pfizer; Los Angeles County Sheriff Leroy Baca; and Baca’s employees, the county of Los Angeles and the Los Angeles County Sheriff’s Department. Shabsis’ complaint included civil rights, government tort, medical malpractice and products liability claims. Plaintiff’s counsel contended that documents obtained in discovery suggested that Shabsis took Chantix for about a week three months before his arrest and that Chantix is known to have adverse effects on patients with bipolar and schizophrenia disorders. However, counsel disputed that time line, arguing that Shabsis may have taken Chantix closer to his arrest and that Chantix caused the mental deterioration that led to Shabsis’ arrest. Shabsis originally alleged that he had been a victim of excessive force by the sheriff deputies. That allegation was the basis for Shabsis’ civil rights claims, but those claims were abandoned before the trial. At trial, Shabsis alleged that he fractured his hip when he fell out of his bunk bed. He claimed that he asked both a deputy and a nurse for help, but that they ignored him. He also claimed that the pain continued to intensify and that it ultimately caused him to spiral into psychosis, resulting in him gouging his eyes out during that psychotic state. Plaintiff’s counsel argued that the county’s staff violated California Government Code § 845.6, which states that public entities can be held liable if they knew or had reason to know that a prisoner needed immediate medical care, but failed to summon that care. Pfizer and Cogen settled with Shabsis prior to trial, while Resnick Neuropsychiatric Hospital and the Regents of the University of California were dismissed from the case via summary judgment. Baca was also let out of the case via summary adjudication, while the Los Angeles County Sheriff’s Department was deemed to be a redundant defendant. Thus, the trial only dealt with the allegations against the county. The county’s counsel pointed to alleged inconsistencies in Shabsis’ allegations, arguing that Shabsis originally claimed that he was battered by the deputies before changing his story several years later. Counsel also noted that Shabsis was unable to identify the deputy or nurse who supposedly ignored his calls for medical assistance. Counsel further maintained that deputies check on prisoners in the “high observation” area of the jail every 15 minutes. The county’s counsel also argued that Shabsis’ psychotic episode was due to his pre-existing psychological conditions and that Shabsis was not taking his prescribed medications, which had previously led to multiple psychotic episodes and hospitalizations over the last 10 years. In addition, the county’s counsel maintained that no sheriff deputy knew or had reason to know of Shabsis’ hip pain because Shabsis never complained about it to a deputy., Shabsis suffered a psychotic episode and performed autoenucleation on both eyes. He was discovered in his cell approximately eight minutes after he gouged his eyes out and was taken by ambulance to Los Angeles County + USC Medical Center, where he remained for the next three weeks. Shabsis was determined to have a completely ruptured the globe in one eye and a partially ruptured globe in the other. Two weeks later, doctors also diagnosed a minimally displaced fracture of the trochanter region, which is a component of the hip. Shabsis later underwent open reduction internal fixation surgery on his hip with the placement of pins on Jan. 15, 2014. While doctors were able to stabilize Shabsis, he had suffered irreparable damage to his eyes that left him blind. The criminal charges against Shabsis were ultimately dropped, so he was released from the hospital into the care of his parents. Shabsis then underwent approximately 10 physical therapy sessions over the next few months. He also sees an ophthalmologist regularly and he currently requires a cane. The plaintiff’s expert life care planner would have described Shabsis’ future medical needs. The life care plan included a driver, a chef, and retraining for a potential new career. The plan also alleged that Shabsis would require 24-hour care in the future. However, the life care planner was excluded from testifying after the judge determined that plaintiff’s counsel had failed to lay the foundation for the expert’s testimony. As a result, any reference to past or future medical expenses was removed from the verdict form before it was submitted to the jury. The plaintiff’s vocational rehabilitation expert noted that Shabsis was in art school, but dropped out prior to his arrest. The expert opined that if Shabsis hadn’t gone blind, he could have returned to art school and eventually obtained a job that paid about $60,000 a year. Shabsis sought recovery of future loss of earning capacity, future loss of household services and future loss of exertional ability. He also sought recovery of damages for his past and future pain and suffering. The county’s counsel disputed the loss-of-earnings claim, noting that Shabsis had not been able to hold a job for years before the subject incident. Counsel also argued that regardless of Shabsis’ blindness, Shabsis’ frequent psychotic episodes made it unlikely he would obtain long-term employment.