On Oct. 11, 2010, plaintiff Aris Frost, 71, presented to Ghassan Boghosian, D.O., to undergo a total arthroplasty of her right knee at John F. Kennedy Hospital, in Indio. Frost had previously presented to Boghosian for an evaluation for worsening pain in her right knee. She subsequently received an X-ray and an MRI for her right knee, which reportedly revealed that she had a degenerative meniscal tear and moderate degenerative joint disease in her right knee. During the procedure, Boghosian used warm saline to assist in the “curing” of the cement used to adhere the prosthetic implant to the bone. After the operation, Boghosian left the operating room. Upon his return, he learned that Frost had developed a “skin tear” after a hospital nurse removed the Ioban Antimicrobial Incise Drape. Eventually, the wound left by the skin tear became infected, resulting in necrosis of the knee. Frost sued Boghosian, John F. Kennedy Hospital, and the manufacturer of the drape, 3M Co. Frost also sued the distributors of the drape, Professional Hospital Supply Inc., Owens & Minor Distribution Inc., Sterigenics International Inc., and Sterigenics U.S. LLC. Frost alleged that Boghosian’s negligence allowed the incident to take place and that Boghosian’s actions constituted medical malpractice. She also alleged that the hospital was liable for the actions of Boghosian and the nurse, and that 3M was negligent in the manufacturing of the Ioban Antimicrobial Incise Drape. She further alleged that Professional Hospital Supply, Owens & Minor Distribution, Sterigenics International, and Sterigenics U.S. LLC were liable for the product’s alleged defect. Prior to trial, 3M settled with Frost for a confidential amount. Professional Hospital Supply and John F. Kennedy Hospital also settled for confidential amounts, with the hospital doing so during trial. In addition, Owens & Minor Distribution, Sterigenics International, and Sterigenics U.S. LLC were ultimately let out of the case. Thus, the matter continued against Boghosian only. Frost’s counsel argued that Boghosian improperly used heated saline to assist in the curing of the surgical cement used the during the total knee arthroplasty. Counsel contended that the heated saline caused burns both inside and outside of the surgical wound, which led to tissue necrosis and eventual infection, causing skin to rip off of Frost’s knee when the hospital’s nurses removed the bandage. Boghosian’s counsel contended that the use of heated saline to assist in the cement curing was a practice used by other orthopedic surgeons at John F. Kennedy Hospital without incident. Counsel also contended that Boghosian made sure the saline was an appropriate temperature before using it inside the wound. Boghosian’s counsel agreed that the infection Frost developed was caused by the skin tear, but argued that the tear was a result of the way the drape was manufactured by 3M, contending that a rash of skin tears took place over a 10-month period. However, Boghosian’s counsel further contended that skin tears are a known risk of using surgical adhesive drapes., Frost suffered a skin tear that became infected, resulting in necrosis of her right knee. To treat the infection, she underwent more than 20 surgeries, which included debridements, hardware installation/removal and revisions. Frost also required multiple courses of long-term antibiotics. Plaintiff’s counsel reports that Frost was confined to a wheelchair. Thus, Frost sought recovery of $2,468,938 in total damages. Frost’s husband, Paul Frost, filed a derivative claim, seeking recovery of $100,000 to $500,000 for his loss of consortium.