In September 2012, plaintiff Vilma Dinham, 69, a chief nursing officer for Prime Healthcare Service Foundation’s Encino Hospital Medical Center, was terminated from her position. Dinham claimed that she was wrongfully terminated in retaliation for reporting sexual harassment. Dinham sued Prime Healthcare Services Inc. and Prime Healthcare Services – Encino, LLC. Dinham was retaliated against for reporting or opposing sex discrimination or harassment in violation of the Fair Employment and Housing Act, Government Code § 12940; retaliated against for reporting patient safety issues in violation of Health & Safety Code § 1278.5; and wrongfully terminated in violation of public policy. Dinham claimed that in 2011, she complained to the hospital’s chief medical officer about alleged comments made by the hospital’s director of respiratory services. She alleged that the director of respiratory services boasted to co-workers about having an affair with the chief medical officer. Dinham further claimed that when the director of respiratory services did not cease making inappropriate comments, she and other nurses went to the hospital’s chief executive officer, who brought the issue of the alleged relationship between the chief medical officer and the director of respiratory services to the attention of Prime Healthcare Management. However, Dinham claimed that instead of dealing with the problem, the company promoted the director of respiratory services to the position of corporate director of respiratory services at all of its hospitals, a position outside of the facility, and that within a few days/weeks the chief medical officer was removed from the facility. Shortly thereafter, in the summer of 2012, the CEO was fired and, in September 2012, Dinham was terminated from her position. Dinham claimed that this was viewed as a response to eliminating any complaints. Prime Healthcare disputed that Dinham made any complaints, and contended that Dinham was terminated as a reduction in force, as she was laid off with 16 other employees. The chief medical officer denied that Dinham made a complaint, and a nurse called at trial denied that she and Dinham, or others, went to the chief medical officer to complain. Defense counsel further argued that even if Dinham talked with someone, she did not make a complaint. In addition, defense counsel contended that the Encino facility was not operated by Prime Health Services Inc., but was donated to Prime Healthcare Service Foundation and operated as a non-profit., Dinham worked at the Encino Hospital Medical Center since 2007, earning about $175,000 in salary, bonuses, and benefits annually. (However, defense counsel noted that Dinham valued her salary and benefits at $197,986.) Dinham acknowledged that she eventually did find other employment after her termination, but claimed that her earnings should not be offset from her damages in the subject case, as her new employment was not as prestigious. Dinham claimed that she suffered emotional distress as a result of her termination. Thus, Dinham sought recovery of $5 million in total damages. This included $613,756 in past lost earnings, $960,232 in lost future earnings, $1.2 million in past non-economic damages for her emotional distress and $3.14 million in future non-economic damages for her emotional distress. Defense counsel noted that Dinham did not seek treatment for her alleged emotional distress.