On Nov. 19, 2013, plaintiff Christian Vargas, 19, a warehouseman for Holder Air Conditioning, in Bakersfield, fell approximately 8-feet from a ladder while attempting to stock inventory in some upper shelves. Vargas landed on his feet, and complained of immediate pain to the right foot and ankle. Co-workers took him to Central Valley Occupational Medical Group, where Dr. Mark Kasow, an emergency medicine specialist, saw Vargas. Kasow subsequently ordered X-rays and interpreted the films to be negative for a fracture. Thus, Kasow diagnosed Vargas with a severely sprained right ankle, and told Vargas to go to a non-weight bearing status, use crutches, keep the foot elevated, and take Naprosyn with regular ice baths. Vargas was also told to return to the office in one week. On Nov. 26, 2013, Kasow saw Vargas for a second visit, during which Vargas complained of severe pain. As a result, Kasow obtained additional X-rays of the right foot and ankle, and again interpreted the films to be normal, with the diagnostic impression remaining to be a severely sprained right ankle. Vargas was seen several more times between Nov. 26, 2013 and Jan. 14, 2014, including undergoing physical therapy. However, Vargas contended that his ankle remained severely dysfunctional. On Jan. 14, 2014, Vargas was approved to return to work, without limitation, on a trial basis. However, he returned to Kasow on Jan. 28, 2014, again complaining of severe pain. An MRI was ordered and performed on Feb. 13, 2014, demonstrating a severe longitudinal fracture of the calcaneus with extension into the subtalar joint and a displaced fracture fragment distal to the end of the fibula. As a result, Vargas was immediately placed on a non-weight-bearing basis and, ultimately, required fusion surgery on Sept. 30, 2014. Vargas sued Kasow, alleging that Kasow failed to properly interpret the X-rays and failed to timely diagnose the fracture. Vargas also alleged that Kasow’s failures constituted medical malpractice. Plaintiff’s counsel argued that Kasow misread the X-ray films on Nov. 19, 2013 and Nov. 26, 2013, contending that the films were significantly abnormal and demonstrated a missed fracture, or at the very least, that there were severe soft-tissue abnormalities warranting an MRI or CT scan at that time. Counsel also argued that if the calcaneal fracture had been diagnosed on a timely basis, Vargas would have had the injury fixed by virtue of an open-reduction-and-internal-fixation-type surgery, utilizing a plate and screws, rather than a subtalar fusion, which was the only surgical option available, given the alleged delay in diagnosis. Defense counsel denied that Kasow misread the X-rays and argued that Vargas did not have a fracture between Nov. 26, 2013 and Jan. 14, 2014. Counsel contended that by Jan. 14, 2014, the chart documented that Vargas could rise to a vertical position from a full squat without pain and that Vargas could also heel-toe walk with normal range of motion on passive examination. Counsel also contended that swelling was absent and that Vargas reported that he was feeling better, according to the chart notes. Thus, defense counsel argued that Vargas’ fracture must have occurred after he was seen by Kasow on Jan. 14, 2014., Vargas was diagnosed with a severe longitudinal fracture of the calcaneus with extension into the subtalar joint and a displaced fracture fragment distal to the end of the fibula on Feb. 13, 2014. He was immediately placed on a non-weight-bearing basis and, ultimately, required subtalar fusion surgery on Sept. 30, 2014. Vargas claimed that because of the delay in diagnosis, additional stress was produced in the other joints in his foot, causing the need for two to three major fusion-type surgeries over the next 20 to 30 years, at a cost of $40,000 each, on the average. He claimed that because of his , he was no longer able to work in any type of job that would require physical rigor since he was permanently limited from walking on a regular basis and/or climbing at all, and is not supposed to lift heavy weights, etc. Vargas did not seek recovery of past medical costs since they were covered by his workers’ compensation appeals board coverage. However, he sought recovery of future medical costs, including durable medical goods, surgical and hospital expenses, annual evaluation, etc., in the approximate amount of $425,000. Vargas further sought recovery of approximately $45,000 in past lost earnings and approximately $325,000 in future loss of earning capacity. In addition, he sought recovery for loss of household services, contending that he was unable to perform the ordinary household duties in a normal fashion because of the injury to his right lower extremity. Thus, plaintiff’s counsel asked the jury to award Vargas $1 million in total damages. Defense counsel argued that the question of future surgery could not be answered in the present time frame and that it was speculative to contend that such a surgery would be needed, particularly since Vargas would enter vocational rehabilitation and learn to do a job that would not require significant physical rigor.