On Oct. 29, 2009, plaintiff George Marquez Jr. was born at Riverside County Regional Medical Center in Riverside. The vaginal delivery was performed by Dr. Guillermo Gomez. During the delivery, George’s left anterior shoulder became impacted behind his mother’s pubic bone, causing Gomez to pull on the baby’s head to alleviate the shoulder dystocia. The baby was delivered, but sustained a brachial plexus injury to his left shoulder. George, by and through his guardian ad litem Jorge Marquez, his father, sued Gomez; as well as the perintologist whom George’s mother was referred to by Gomez, Herb Brar, M.D.; the nurse that assisted Gomez in the delivery; A. Romain, R.N.; and the owner of the medical center, the county of Riverside. He alleged that the defendants failed to properly perform the delivery, and that this failure constituted medical malpractice. Brar, Romain and the county were all dismissed from the case prior to trial. George’s mother, Imelda Martinez, was also an individual plaintiff in the original complaint, but she was dismissed prior to trial. Plaintiffs’ counsel contended that Gomez was negligent for performing a vaginal delivery, instead of a Caesarean section delivery, due to the fact that the subject fetus was growing rapidly, that Martinez was a gestational diabetic, and that the fetus’ belly was growing faster than the head. Counsel further contended that Gomez was additionally negligent for pulling on the infant’s head as a means to alleviate the shoulder dystocia. Gomez claimed that he was not negligent and that his actions during the delivery of George did not fall below the standard of care. The defense’s obstetrics expert testified that while George’s brachial plexus injury was caused by Gomez pulling on the head, there was no act of negligence taking place., George suffered a brachial plexus injury to his left shoulder during his birth. Plaintiffs’ counsel contended that George, who was 2 years old at the time of trial, suffered a partial loss of use of his left arm as a result of the brachial plexus injury. George’s father claimed that his son could only lift his left arm shoulder-high and has to use his right arm to compensate for the condition. George underwent a tendon transfer surgery in the spring of 2012, and is currently undergoing physical therapy. Plaintiffs’ counsel contended that George’s condition will cause him to have a limited earning capacity due to the limitation of the types of jobs he can do. Thus, George’s father sought recover of damages on behalf of his son, including $61,955.33 for past medical costs and no more than $250,000 for George’s pain and suffering. He also sought recovery of an unspecified amount of damages for George’s future medical costs (based on a life care plan) and future loss of earning capacity. Defense counsel contended that George suffered only a mild brachial plexus injury, not moderate or severe. Counsel also argued that George had no future care costs due to the public services available under the collateral source exception.