On May 16, 2007, plaintiff Paul Parks, Ph.D., 62, a scientist, underwent a removal of implanted hardware and an arthrodesis (fusion) of the first metatarsophalangeal joint (big toe joint) on his right foot by Daniel Lee, D.P.M. Parks had a long history of osteoarthritis and had undergone several surgeries on his right foot, including two implant procedures on the first metatarsophalangeal joint before seeing Lee. Following the surgery with Lee, Parks returned with complaints of pain on Sept. 13, 2007. Parks claimed that he was doing leg presses two weeks prior when he heard a “snap” in his right foot. Imaging studies revealed that hardware put in place during the May 2007 surgery was broken. As a result, Lee offered surgical and nonsurgical options, and Parks elected the non-surgical option of using a bone stimulator to enhance healing. Parks then began to report improvement in symptoms, and minimal to no pain. In December 2007, Lee advised Parks to watch for any return or increase in symptoms, and to return in the event that he began to experience pain/symptoms. On May 20, 2008, Parks returned to Lee with complaints of pain. At that time, imaging showed that the screws in Parks’ foot were backing out, which could cause hardware pain (superficial irritation to the local tissues due to screws backing out). The imaging also showed incomplete healing of the MTP joint. Another physician’s X-ray report of this imaging indicated the joint was not fused. As a result, Lee recommended that Parks continue to use of the bone stimulator to promote bone growth. Parks returned to Lee on Aug. 26, 2008, but did not have any first MTP joint complaints. Instead, he asked Lee about operating on other toes. Thereafter, Parks did not return to see Lee and the next time he saw a foot specialist was Oct. 15, 2010. At that time, Parks was informed that he had nonunion, and that his MTP joint ultimately had not healed completely or fused. As a result, he required another surgery, but ultimately claimed he was left with neuropathy of the right big toe. Parks sued Lee; Lee’s medical office, Daniel Lee, D.P.M., Inc.; and the Regents of the University of California, which was the operator of U.C. San Diego Medical Center, the hospital where the May 2007 surgery was performed. Parks alleged that Lee failed to properly perform the May 2007 fusion and failed to properly treat his condition thereafter, and that these failures constituted medical malpractice. He also alleged that Lee’s office and the Regents of the University of California were liable for Lee’s actions. Plaintiff’s counsel argued that Lee negligently performed the fusion procedure on Parks’ first MTP joint on May 16, 2007. Counsel contended that the T-plate used in the procedure was too small and that the use of the external fixator required another half-pin for stabilization. Thus, counsel contended that Lee’s treatment constituted inadequate fixation. Plaintiff’s counsel also argued that Lee negligently failed to advise Parks of the results of the X-ray on May 20, 2008, in that the toe joint ultimately did not fuse. Thus, counsel contended that Lee was negligent in his postsurgical treatment of Parks, in the at Lee failed to advise Parks of the nonunion, and failed to make set appointments for Parks and properly supervise the healing process. Defense counsel argued that the May 2007 surgery was undertaken appropriately, that the plate was adequate for the purposes of the surgery, that the external fixator did not require another half-pin for stabilization, and that the external fixator could not accommodate another half-pin under the circumstances. Counsel noted that Parks acknowledged he had been scolded by Lee with regard to doing too much activity postoperatively and was noncompliant on multiple occasions. Thus, defense counsel argued that Parks’ noncompliant gym activity caused the plate to break. Counsel contended Lee informed Parks of the findings and offered surgical versus nonsurgical options after the plate breakage. Counsel also contended that when Parks chose nonsurgical options, Lee appropriately prescribed a bone stimulator and continued to take a conservative approach to treatment. Defense counsel further contended that Lee advised Parks of the imaging findings on May 20, 2008, but that Parks was not having symptoms, so the appropriate measure was to continue to monitor Parks. In addition, defense counsel contended that the ultimate nonunion discovered later was an inherent risk of undergoing such a procedure., Parks claimed he suffered nonunion of the first metatarsophalangeal joint (big toe joint) on his right foot, neuropathy and continued pain. He ultimately did not return to Lee saw another foot specialist on Oct. 15, 2010, and underwent another fusion surgery of the first MTP joint in October 2011. Parks claimed that after the October 2011 surgery, his MTP joint went on to heal/fuse, but that he continues to experience pain. As a result, he was diagnosed with neuropathy of the right big toe in June 2012. Parks claimed that the neuropathy pain causes him trouble with sleeping and prevents him from spending as much time with his family as he used to. Thus, Parks claimed $60,000 in lost earnings, and sought recovery of general damages for his pain, suffering, disfigurement, emotional distress and loss of enjoyment of life.