In October 2008, plaintiff Nahum (Nathan) Sher-Sagi, 59, a general contractor, noticed a lump on the left side of his face by the jaw line that caused him pain. He subsequently underwent an ultrasound, a CT scan and a MRI, which showed there was an ill-defined lesion in the tail of the left parotid (salivary) gland. In November 2008, Sher-Sagi was evaluated by Dr. Kamyar Amini, a head and neck surgeon, who performed a fine needle biopsy that was inconclusive in ruling out malignancy. As a result, Amini offered Sher-Sagi a superficial parotidectomy, which Sher-Sagi accepted. On Jan. 13, 2009, Amini performed a superficial parotidectomy and removed the tail portion of the left parotid gland. The pathology found the mass within the parotid tissue to be a reactive lymph node and chronic parotitis, with no evidence of malignancy. Sher-Sagi then returned to Amini for two post-operative visits in January 2009, but did not return for his scheduled visit in March 2009. In January 2010, Sher-Sagi began to feel a lump on the left side of his face and numbness in his cheek. In March 2010, he went to see another head and neck surgeon, Dr. Mark Kerner, who reviewed new MRI scans and noted a mass in the left parotid gland. Kerner performed a total parotidectomy on Sher-Sagi in April 2010, and the pathology study showed Sher-Sagi had Stage IV basal cell adenocarcinoma of the parotid gland. Sher-Sagi sued Amini, alleging that the doctor failed to diagnose, test and properly treat his condition. Sher-Sagi also alleged that these failures constituted medical malpractice. Sher-Sagi claimed that Amini mistakenly removed a lymph node during the operation in January 2009 and that Amini left the malignant tumor in the parotid gland. He also claimed that Amini should have ordered a post-operative MRI, which would have shown that the tumor remained in the parotid gland after the superficial parotidectomy was performed. Additionally, Sher-Sagi claimed Amini’s actions caused a delayed diagnosis and removal of his cancerous tumor, resulting in his left facial paralysis. Amini claimed that he removed that tail portion of the parotid gland, including the offending mass, which turned out to be a reactive lymph node within the gland, and that he explored the entire gland during the surgery, but found no evidence of any abnormality. He also claimed that since Sher-Sagi never returned to him after the two post-operative visits in January 2009, he had no opportunity to reassess the patient to determine if a post-operative MRI was indicated., Sher-Sagi was diagnosed with Stage IV basal cell adenocarcinoma of the parotid gland in April 2010. Thereafter, he underwent radiation therapy to the left side of his face. Sher-Sagi claimed that as a result of Amini’s negligence, the subsequent surgery performed by Kerner in April 2010 had to be more extensive, including the sacrificing of his left facial nerves. He alleged that as a result, he is left with facial paralysis on his left side, causing an inability to salivate, slurred speech, loss of taste, and an inability to close his left eyelid. He also claimed he had to undergo radiation therapy due to the growth of the tumor. Sher-Sagi claimed that due to his facial paralysis, and accompanying disfigurement and deficiencies, he has experienced a loss of enjoyment of life, humiliation and emotional distress. Thus, he sought recovery of $250,000 in damages for past pain and suffering and $250,000 in damages for future pain and suffering. Defense counsel contended that the tumor removed by Kerner in April 2010 was not present during the superficial parotidectomy performed in January 2009. Thus, counsel argued that it was a new tumor resulting from the metastasis of skin cancer that Sher-Sagi had removed in 2005. Defense counsel further contended that Sher-Sagi is 80 to 90 percent cured of the parotid gland cancer.