In 2007, the plaintiff, a salesperson in her 60s, alleged that her physician at the time, Horace Bixby Newhard, 78, sexually violated her during a visit by conducting an examination of her vagina and breasts after starting her on hormone replacement therapy for atrophic vaginitis and vaginal itch. She also claimed that Newhard embraced and kissed her before she left. The plaintiff subsequently filed a complaint against Newhard, which led to an investigation by the Novato Police Department, followed by criminal charges against the doctor in 2008. She also brought a civil action against Newhard for sexual battery and intentional infliction of emotional distress. The plaintiff also brought a suit against Newhard’s employer, Prima Medical Group Inc., but it settled with the plaintiff prior to trial. Thus, the matter proceeded to trial against Newhard only. In the civil suit, the plaintiff claimed that Newhard sexually violated her when he thrust his finger into her vagina without her consent, during what she believed was going to be an external vaginal exam. She also claimed that Newhard further sexually violated her when he conducted a breast exam, during which he allegedly rubbed her breasts and tugged, pulled and squeezed her nipples. She further claimed that after the examinations, Newhard hugged and kissed her, and then grabbed her buttocks without her consent prior to exiting the exam room. Furthermore, the plaintiff alleged that Newhard called her at home and made a lewd comment to her regarding her breasts. Newhard claimed that the plaintiff had a family history of breast cancer, and that he was following his usual diagnosis and treatment methods since he had placed her on hormone replacement therapy and had not conducted a baseline vaginal or breast examination of her in over four years. Thus, he claimed that the plaintiff had misinterpreted his examination, as well as his hug and kiss. In March 2011, a jury acquitted Newhard of two counts related to sexual battery and deadlocked on a third. In November 2011, prosecutors dismissed the unresolved charge after he surrendered his medical credentials and ended his over 50-year practice., The plaintiff claimed that she suffered from post-traumatic stress disorder as a result of the incidents. She alleged that as a result, she exhibits symptoms of anxiety, panic attacks and sleeplessness, among other symptoms such as feel isolated from relationships and being unable to be intimate with men. Thus, the plaintiff sought recovery of $450,000 in emotional distress damages. Defense counsel contended that the plaintiff did not suffer from PTSD and never once mentioned to her treating physicians, including her plastic surgeon, that she had any mental disorder or PTSD following the examination by Newhard in 2007. In addition, defense counsel called the plaintiff’s current treating primary care physician, her gynecological physician and her treating plastic surgeon as witnesses. They all testified that during the period after the alleged assault, the plaintiff never reported to them that she was suffering any symptoms related to PTSD or that she was under any care of a mental therapist for PTSD. Furthermore, defense counsel noted that the plaintiff had three appointments with her treating plastic surgeon in 2008, seeking plastic surgery services without showing any signs of the alleged inability to be in a room alone with a male.