On May 8, 2008, plaintiffs’ decedent Daniel Slarve, 38, a vice president of a high-tech company, sustained fractures of the tibia and fibula of his right leg, and was taken to John Muir Medical Center in Walnut Creek. He subsequently came under the care of Dr. Christopher Coufal, an orthopedic surgeon, who performed open reduction and internal fixation surgery on the fractures the following day. Slarve was then released from the hospital on May 11, 2008, and followed up with Coufal for check-up appointments on May 21, 2008, and May 28, 2008. On May 31, 2008, Slarve returned to the hospital with pain and swelling in the area of his surgically repaired leg. He was subsequently seen by Dr. Alice Hunter, the on-call emergency room physician who ordered an ultrasound of Slarve’s right leg. The ultrasound was then evaluated by Dr. Scott Lipson, a radiologist, and interpreted as being negative for deep vein thrombosis. As a result, Slarve was advised to contact Coufal and make an appointment if his symptoms did not improve. Slarve then made an appointment for June 5, 2008, but he did not keep the appointment. On June 4, 2008, Slarve began physical therapy with Leslie Hisaka and Tiffany Nagy of John Muir Therapy. On June 16, 2008, he began experiencing shortness of breath and suffered a pulmonary embolism. He was then rushed to a hospital, where he was placed on life support. Slarve was ultimately pronounced brain dead on June 19, 2008, and had his organs were harvested the following day. The decedent’s wife, Barbara Slarve, acting individually and as successor-in-interest to her deceased husband, and Denise Johnson, acting on behalf of the decedent’s minor children, Taylor Slarve, Nathan Slarve and Rachel Slarve, sued Coufal and his medical group, Muir Orthopedic Specialists; Hunter and her medical group, California Emergency Physicians; Lipson and his medical group, Bay Image Consultants Medical Group Inc.; and Hisaka and Nagy and their employers, John Muir Therapy @ Walnut Creek, John Muir Health and John Muir Medical Center. The plaintiffs brought causes of action for medical malpractice and wrongful death. Lipson, Bay Image, Hisaka, Nagy, John Muir Therapy, John Muir Health and John Muir Medical Center were all voluntarily dismissed from the case early in the proceedings. Hunter and California Emergency Physicians reached a confidential settlement agreement with the plaintiffs. Thus, the case proceeded to trial against Coufal and Muir Orthopedic only. Plaintiffs’ counsel argued that Coufal failed to diagnose the decedent’s DVT after the emergency room visit on May 31, 2008. They contended that a repeat ultrasound should have been performed since the interpretation of the ultrasound on May 31, 2008, did not show all the veins in the leg and, hence, was equivocal. Plaintiffs’ counsel further argued that had a second ultrasound been performed revealing the DVT, the decedent would have started a course of anticoagulant therapy that would have prevented the massive pulmonary embolism and saved his life. Counsel for Coufal and Muir Orthopedic contended that the first ultrasound result was negative and conclusive, and that, according to the standard of care, there was no need for a second ultrasound. Counsel argued that a second ultrasound of the right leg would not have visualized any DVT since the decedent did not have DVT in his lower right leg, but, rather, it was in his pelvis or vena cava., Daniel Slarve suffered shortness of breath as a result of a pulmonary embolism. He was subsequently rushed to a hospital, where he was placed on life support. He was ultimately pronounced brain dead on June 19, 2008, and had his organs were harvested the following day. He was 38. Slarve left behind a wife and three minor children. Mr. Slarve’s family sought recovery of $250,000 in non-economic wrongful death damages for the loss of the decedent’s love, care, comfort and society. They also sought recovery of $7.6 million in total economic damages for the past loss of earnings and benefits, as well as past loss of household services. Defense counsel argued that this was not a case of liability, but if a plaintiffs’ verdict was reached, the total economic damages were only worth $3.8 million.