On May 6, 2010, plaintiff Ruth Hill, a retired 69 year old, underwent a surgical removal of her left submaxillary salivary gland, which was performed by Dr. Floyd Purcelli. Hill initially presented to Purcelli for treatment of a swollen submaxillary gland on March 26, 2010. She was subsequently treated with antibiotics without resolution. Upon an examination of Hill’s ears, nose and throat, Purcelli felt that Hill may have had a stone and recommended a dental X-ray, which confirmed the presence of a stone in the left submaxillary gland. As a result, Hill underwent a left submaxillary gland removal, during which Purcelli performed an incision and drainage of an abscess that was found in the left submaxillary salivary gland. However, following the procedure, Hill claimed a loss of her tongue’s function, speech problems, and a loss of sensation and taste. Hill sued Purcelli, as well as Dr. Thu Nguyen, Santa Monica Bay Physicians and St. John’s Health Center. She alleged that Purcelli was failed to properly perform the incision and drainage during the gland removal surgery, and that this failure constituted medical malpractice. Prior to trial, Nguyen, Santa Monica Bay Physicians and St. John’s Health Center were either dismissed or out by way of motion. Thus, the matter proceeded to trial against Purcelli only. Hill claimed that Purcelli negligently performed the gland removal, severing both the hypoglossal and lingual nerves and causing her marginal mandibular nerve to be temporarily traumatized. Purcelli claimed that he complied with the applicable standard of care at all times, and that he did not cut or transect any nerves during the procedure. He alleged that the post-operative course was consistent with other causes related to underlying diabetes, neuropathy, chronic infection and inflammation that resulted in scarring of the surgical bed. Thus, Purcelli claimed that Hill’s allegedly permanent nerve were not due to surgical misadventure/transected nerves., Hill claimed that both the hypoglossal and lingual nerves were severed, and that her marginal mandibular nerve was temporarily traumatized. She alleged the transected hypoglossal nerve resulted in a complete loss of function of the left side of her tongue, which now causes her to have difficulty speaking and pronouncing words, similar to a stroke patient. She also alleged the transected lingual nerve resulted in lack of sensation to the tongue and an inability to taste. Hill claimed that as a result of her , she can no longer eat many of the foods she used to and has subsequently lost 40 pounds. She also claimed she drools constantly, has difficulty swallowing and is at risk for choking. In addition, Hill claimed that these complaints are a source of frustration for her and depression, which she was diagnosed with. Defense counsel argued that Hill was unable to establish that the alleged permanent nerve injury was a result of the nerves actually being transected. Thus, counsel argued that the nerve damage was rather a result of Hill’s underlying diabetes, neuropathy, chronic infection and inflammation that resulted in scarring of the surgical bed.