On June 9, 2010, plaintiff Sarah Pierce, who had been undergoing prenatal care at Ob-Gyn Associates of Santa Cruz, had her 20-week ultrasound. On Sept. 27, 2010, Pierce had her 36-week ultrasound. Both ultrasounds were read as normal. As a result, the ultrasound technician put on the checklist that both hands and feet of the fetus were seen during both studies. On Oct. 12, 2010, plaintiff Charlie Schwalm was born missing both his left hand and part of his left forearm due to a congenital amputation below the elbow. Pierce, Charlie and Charlie’s father, Tyler Schwalm, sued Ob-Gyn Associates of Santa Cruz and an employee of Ob-Gyn Associates of Santa Cruz, Janna Doherty, M.D. Pierce, Charlie and Schwalm alleged that the defendants were negligent in the reading of the ultrasounds and that their negligence constituted medical malpractice. They also alleged that the defendants negligently inflicted emotional distress. Charlie’s father, Schwalm, and Dr. Doherty were later removed from the case. Thus, the matter continued with the claims by the mother and son against Ob-Gyn Associates of Santa Cruz only. Plaintiffs’ counsel contended that Charlie’s condition should have been seen during the prenatal ultrasounds, specifically, the first one on June 9, 2010. Counsel argued that if Charlie’s missing hand was recognized in the ultrasounds, Pierce would have aborted the pregnancy since an abortion was still an option at 20 weeks. Defense counsel contended that both ultrasounds were done properly, but that it can be difficult to differentiate the right from the left extremities. Counsel asserted that although two hands were seen during examination, in retrospect, it was the right side that was seen twice. Defense counsel also asserted that it was a difficult determination and a reasonable mistake to make under the circumstances. Counsel further contended that the American Institute of Ultrasound in Medicine guidelines, which govern prenatal ultrasounds, only require detection of the presence of the upper extremities and do not specifically require that there be an evaluation of the presence, or absence, of hands., Charlie, who is now 3 years old, has a congenital amputation of the left arm below the elbow. As a result, he will require prosthetics for the rest of his life. Pierce claimed she developed a form of post-traumatic stress disorder related to Charlie’s birth, having seen Charlie born without a left hand. As a result, she initially saw a psychiatrist one year after Charlie’s birth and then continued to see him on a monthly basis. Her treating psychiatrist testified that Pierce did not strictly meet PTSD criteria, but that she had developed a related form of anxiety. Thus, Pierce sought recovery of $2.9 million (at present value) for the cost of Charlie’s prosthetics over his lifetime. She also sought recover of $250,000 in damages for her own emotional distress. Defense counsel contended that Pierce and Charlie’s father had a tumultuous relationship and that most of Pierce’s psychiatric records dealt with their interpersonal problems.