On Jan. 28, 2010, plaintiff Christopher LaMarr, 43, a school counselor, presented with ongoing left foot pain to the practice of Dr. Tae Song, a podiatrist in Redding. LaMarr, who had a 20-year history of type 2 diabetes at the time of initial consultation, had concerns about a possible Charcot foot, Morton’s neuroma, and/or fracture of the left foot. X-rays and a prior MRI showed some changes and a possible stress fracture at the base of his third metatarsal, and a suspected neuroma of the second and third interspace. As a result, the Redding Rancheria Indian Health Clinic referred LaMarr to Song. Concerned that LaMarr had a stress fracture, Song prescribed LaMarr with a cam boot and two rounds of corticosteroid injections at the second and third interspace of the left foot. On March 3, 2010, a CT scan of LaMarr’s left, lower leg was interpreted as showing a soft-tissue mass — possibly a small cyst at the base of the third metatarsal — measuring 3-centimeters in width, 1.7-centimeters in height and approximately 5-centimeters in length. The radiologist subsequently called Song with his report of his interpretation of the CT scan and claimed that the finding might also represent a giant cell tumor on LaMarr’s tendon sheath. Song claimed that he told LaMarr about the finding and that LaMarr reacted extremely emotionally. LaMarr’s condition continued to worsen with excruciating left foot pain from Feb. 22, 2010, through his last visit on March 5, 2010. Due to the severe pain, Song scheduled LaMarr for an excision and histology of the soft-tissue mass on the left foot, and began pre-admission tests for a confirmed surgery date of March 11, 2010. However, after completing all of his pre-operative exams and tests for Song, LaMarr returned to Rancheria Indian Health Clinic on March 9, 2010, and was referred to the emergency room at Mercy Medical Center in Redding by a visiting orthopedic surgeon, Dr. Norman Verhoog. As a result, Verhoog performed an incision and drainage of a large, diabetic left foot abscess under general anesthesia on March 11, 2010. LaMarr was later discharged on March 15, 2010, with a PICC line in place for IV antibiotic administration. LaMarr developed wet gangrene in his third toe, resulting in its amputation by Verhoog on March 17, 2010. However, LaMarr’s infection continued to progress with Methicillin-resistant Staphylococcus aureus (MRSA) complications during his hospitalization, resulting in quarantine precautions and the need to amputate his gangrenous second toe on March 22, 2010. He was ultimately discharged from the hospital on April 26, 2010. LaMarr sued Song and the podiatrist that sold the practice to Song, Oliver Dale Bagley, D.P.M. LaMarr alleged that the defendants were negligent in the treatment of his left foot and that the defendants failed to obtain his informed consent. He also alleged that the defendants’ actions constituted medical malpractice. Prior to trial, Bagley was dismissed from the case. Thus, the matter proceeded to trial against Song only. LaMarr claimed that Song failed to recognize the infection and timely treat it, resulting in the amputations. He also claimed Song failed to obtain his informed consent regarding the corticosteroid injections, which were not appropriate treatment and could have caused the infection. Song claimed that he was not negligent and that his failure to identify the infection was not below the standard of care. He also claimed that he acted properly and that LaMarr’s ultimate outcome was not a result of anything involving his treatment. Song further claimed that LaMarr’s infection and amputation worsened by due to his diabetic condition and was going to happen regardless of how LaMarr was treated. Defense counsel argued that plaintiff’s counsel never had a coherent theory of liability. Defense counsel contended that plaintiff’s counsel alternated between claiming the corticosteroid injections caused the infection and claiming that the injections didn’t cause the infection, but masked the presence of an infection on a subsequent CT scan and MRI due to the anti-inflammatory effect., LaMarr underwent surgical amputations of his second and third toes as a result of gangrene and MRSA infections during his hospitalization. As a result, he was quarantined and ultimately discharged from the hospital on April 26, 2010. LaMarr claimed he missed several months of work following his surgeries. He alleged that while he was eventually able to return to work, he can no longer play basketball and do other physical activities. He also alleged that he has difficulty walking long distances. LaMarr claimed that as a result, he will need bi-annual custom orthotics. Thus, LaMarr sought recovery of $1,500 in past medical specials, $1,856 in out-of-pocket medical expenses, $26,400 in future medical expenses, and $8,731.20 in past lost earnings. He also sought recovery of $280,320 in damages for his past pain and suffering and $476,982 in damages for his future pain and suffering. His wife, Heather LaMarr, initially brought a derivative claim, seeking recovery for her loss of consortium, but she was ultimately dismissed from the case prior to trial. Defense counsel did not dispute the severity of LaMarr’s foot condition, but contended that LaMarr made a good recovery and was healed. Defense counsel noted that the plaintiff’s treating orthopedic surgeon, Verhoog, pronounced that LaMarr’s Wegner Grade IV diabetic foot infection and resulting surgical wounds were resolved on Sept. 24, 2010. Counsel also noted and that Verhoog stated that LaMarr’s left foot was back in its regular shoe by Nov. 12, 2010, and that LaMarr would not need any arch support whatsoever.