On July 18, 2011, plaintiff Sandra Losik, 60, the Director of Health Information Management for the county of Monterey’s Natividad Medical Center, was terminated from her position. Losik allegedly suffered from fibromyalgia, lower back and neck pain, and repetitive motion to both arms. As a result, she previously requested, and was granted, accommodations on multiple occasions during her employment at the Natividad Medical Center. In April 2011, she submitted another request for intermittent leave under the Family Medical Leave Act, and the medical center granted her required for intermittent leave. However, after she returned to work, she was terminated on July 18, 2011. Losik sued the county of Monterey. She alleged that the county’s actions constituted disability discrimination, failure to accommodate her disabilities, failure to engage in the interactive process, breach of contract, and retaliation for requesting FMLA leave. The parties stipulated to a dismissal with prejudice of the breach of contract cause of action. Defense counsel argued that Losik was terminated for legitimate, non-discriminatory, and non-retaliatory reasons. Counsel contended that Losik had a history of poor performance reviews and failed Performance Improvement Plans dating back to 2007. Thus, counsel argued that Losik was not performing her job well and that she was given multiple opportunities to improve her work performance, but did not. Plaintiff’s counsel contended that one such opportunity included a memorandum in March 2011, which outlined areas where Losik needed improvement and set specific deadlines. Counsel further argued that when Losik requested the intermittent FMLA leave in April 2011, approximately one month after receiving the March 2011 memorandum, the county engaged in the interactive process by reviewing the request with Losik and then reasonably accommodated Losik by granting her the leave request. However, defense counsel noted that the plaintiff’s treating physician, who evaluated Losik less than one month after the FMLA leave request was granted, testified that she did not consider Losik to be disabled. Thus, defense counsel argued that when Losik failed to make the improvements set forth in the March 2011 memorandum by the required deadlines, Losik was appropriately terminated on July 18, 2011., Losik, who had worked for the county since 2006, claimed that she suffered a psychiatric injury as a result of her termination, for which she was hospitalized and subsequently diagnosed with bipolar disorder. She also claimed that she suffered a loss of earnings and retirement benefits as a result of her termination, and subsequently had to let her home go into foreclosure. Thus, Losik, who was 65-years-old at the time of trial, sought recovery of $1.6 million in lost wages and retirement benefits, which amounted to $160,000 per year from 2011 up until the age of 70. She also sought recovery of $14,000 per year for her future psychiatric medical costs, but offered no evidence of life expectancy. In addition, her husband, plaintiff Len Losik, sought recovery for his loss of consortium. In total, plaintiffs’ counsel asked the jury to award the Losiks $2.8 million, inclusive of Mr. Losik’s loss-of-consortium claim. Defense counsel noted that Ms. Losik admitted that she had the funds to cover her mortgage, but still let it go into foreclosure.