On Nov. 26, 2008, plaintiff Jenovie Valdez, 17, was in labor at Salinas Valley Memorial Hospital, in Salinas. After a prolonged labor, Jenovie’s treating physician, Dr. Daniel Jardini, successfully delivered the infant, plaintiff Emma Valdez, using a vacuum extractor. However, Jenovie alleged that her daughter underwent a prolonged hypoxic ischemic event during labor, resulting in profound brain damage and spastic quadriplegic cerebral palsy. Jenovie, acting individually and on behalf of her daughter, Emma, sued Jardini, Salinas Valley Memorial Hospital, and several other physicians. Jenovie alleged that the defendants failed to timely deliver her daughter, causing to the baby, and that this failure constituted medical malpractice. Prior to trial, Salinas Valley Memorial Hospital agreed to a $1.25 million settlement, with $250,000 attributed to Jenovie’s emotional distress claim. In addition, several of the physicians were voluntarily dismissed from the case. Thus, the matter went to trial against Jardini only. Plaintiffs’ counsel argued that the Jardini failed to assess and address an atypical pattern of accelerations during Jenovie’s first stage of labor. Counsel also argued that the defendants failed to deliver the child early when repetitive decelerations and tetanic contractions with an insufficient resting period were detected in the second stage of pregnancy. Plaintiffs’ counsel contended that these factors denied the infant of oxygen and resulted in a profound brain injury. The plaintiffs’ ob-gyn expert opined that Jardini failed to properly assess and monitor Emma during labor. The expert testified that fetal heart racing was atypical and that he believed the infant’s neurological injury occurred shortly before delivery. However, on cross-examination, the plaintiffs’ ob-gyn expert stated that only a neurologist or a neuroradiologist was qualified to identify an injury during labor. Defense counsel denied there was any negligence on the part of Jardini, and argued that Emma failed to demonstrate activity, which would have required an early delivery. The defense’s pediatric radiologist testified that he believed the infant suffered a subacute brain injury at least one week prior to delivery. The defense’s neonatology expert testified that the brain injury sustained by Emma was not compatible with a prolonged hypoxic event and was more likely caused by a genetic dysfunction., Emma suffered profound brain damage. Two days following her birth in 2008, Emma underwent an ultrasound, which demonstrated diffuse edema. An MRI performed in December 2012 demonstrated an absence of brain parenchyma in the left and right hemispheres. Due to her injury, Emma suffers from spastic quadriplegic cerebral palsy and has little voluntary movement. As a result, she requires the use of a feeding tube and a portable aspiration device, in addition to in-home attendant care. Thus, Jenovie sought recovery of $910,000 in emotional-distress damages, $250,000 in past non-economic damages on behalf of her daughter, and between $12 million and $27 million for future medical and attendant care costs.