On Nov. 25, 2008, plaintiff Christopher Castro, 48, a captain with the Kern County Fire Department, was examined by Dr. Irene Sanchez, a Bakersfield internal and occupational medicine specialist, after presenting with complaints of severe pain in his left leg following a three-mile run during a department fitness test the previous day. Sanchez diagnosed a probable shin sprain and administered pain medication. Two days later, Castro visited the emergency room with complaints of not being able to dorsiflex his foot. He was subsequently diagnosed with compartment syndrome. Castro sued Sanchez. He alleged the defendant failed to diagnose his condition and that this failure constituted medical malpractice. Castro claimed Sanchez failed to meet the standard of care by failing to diagnose his compartment syndrome. He also claimed that this failure prevented him from receiving treatment in time, causing his injury to become permanent. Defense counsel contended that Castro had an extensive history of shin splints and that exercise-induced compartment syndrome is extremely rare. Thus, counsel argued that Sanchez’s diagnosis was reasonable. In addition, the defense’s orthopedic expert testified that the majority of orthopedists examining Castro would not have considered compartment syndrome as a possibility., Castro’s compartment syndrome caused him to develop a left foot drop. The plaintiff’s physicians determined that it was too late for surgical intervention by the time the compartment syndrome diagnosed. Thus, Castro claimed that his condition is permanent. As a result, he requires a brace to walk and took early retirement. Medical expenses and regular lost wages were covered by worker’s compensation, but Castro claimed he would have earned an additional $304,000 in overtime if he had continued working the eight years until the standard retirement age. Thus, he sought recovery of damages for that overtime amount, plus an unspecified amount of damages for past and future pain and suffering and physical impairment. Judy Castro also presented a derivative claimed, but she was ultimately dismissed from the case.