On April 7, 2012, plaintiff Constance Montgomery, 70, a retiree, was transferred from her bed at Hoag Hospital – Irvine, in Irvine, to a bedside commode with the assistance of a nurse and a patient care assistant. However, following her use of the bedside commode, Montgomery felt as if her legs were going to give out. Montgomery was previously transported by ambulance to the emergency department at Hoag Hospital – Irvine, where she complained of lower back pain on April 1, 2012. She was subsequently admitted to the hospital with a diagnosis of intractable back pain. Six days later, after Montgomery used the bedside commode, she felt as if her legs were going to give out. As a result, a blanket was placed on the floor and the nurse and patient care assistant lowered Montgomery onto it. An additional registered nurse and patient care assistant were called to the room to assist in picking Montgomery up and placing her back into bed. However, Montgomery claimed that the two nurses and two patient care assistants inappropriately placed a gait belt around her waist, causing it to slip up her body as it was used to lift her. She alleged that as a result, she suffered to both of her shoulders. Montgomery sued the operator of Hoag Hospital – Irvine, Hoag Memorial Hospital Presbyterian, and the attending nurse at the time of the incident, Irma Wuest, alleging medical malpractice and battery. Wuest was ultimately dismissed from the case prior to trial. Montgomery claimed that the gait belt was inappropriately placed around her waist and that as a result, it was pulled above her breast, and just under her arm pits, causing tears to the rotator cuff in each shoulder. She alleged that the gait belt injury was equivalent to an assault. The plaintiff’s nursing expert opined that the hospital departed from the standard of care by inappropriately utilizing the gait belt, causing Montgomery’s shoulder . Defense counsel for Hoag Memorial Hospital Presbyterian contended that Montgomery was noted as a fall risk upon her presentation to the hospital and that an armband was applied to Montgomery to reflect the same. Counsel also contended that on April 7, 2012, an entry was made by Montgomery’s nurse, indicating that Montgomery was safely assisted to floor and did not experience a fall. In addition, defense counsel argued that the nurses stated that Montgomery was safely transferred back to bed and that Montgomery never complained of any pain to her shoulders during the process. The defense’s registered nursing expert opined that Montgomery was properly lowered to the floor after she complained about her feet and that the hospital’s nursing staff complied with the standard of care by assessing Montgomery and gently helping her back into the bed with the assistance of two nurses and two patient care assistants., Montgomery claimed that she sustained tears of both shoulders’ rotator cuffs. She subsequently underwent a surgical debridement on her left shoulder on April 24, 2012. Montgomery was then discharged from the hospital two days later and transferred to acute rehabilitation facility. The plaintiff’s nursing expert opined that the hospital stuff’s inappropriate utilization of the gait belt caused Montgomery’s shoulder . Montgomery claimed that she suffers from a complete loss of range of motion in both of her shoulders and that as a result, she is now limited in her ability to perform activities of daily living and will require on-going home nursing assistance. Thus, Montgomery sought recovery of past and future medical costs, and damages for her past and future pain and suffering. Montgomery’s counsel suggested that the jury award $3.3 million in special and general damages. Defense counsel contended that after Montgomery was admitted to the hospital with intractable back pain, an MRI of Montgomery’s right shoulder was performed without contrast on April 4, 2012. Counsel argued that the MRI of the right shoulder revealed full-thickness tears of the tendon, fatty atrophy of the rotator cuff musculature, a muscular strain injury of the subscapularis muscle, and mild joint arthrosis. Counsel also contended that Montgomery never complained of any pain to her shoulders during the process of lifting her back into bed and that Montgomery’s vital signs before and after the incident were normal. The defense’s orthopedic expert opined that, to a degree of medical probability, nothing the hospital staff did or failed to do caused, or significantly contributed to, Montgomery’s torn rotator cuffs. He testified that Montgomery had a pre-existing medical history of bilateral rotator cuff stemming as far back as the 1990s. Thus, he opined that Montgomery’s shoulder condition was the result of a chronic and natural deterioration and that Montgomery’s bilateral shoulder condition was in poor health, with a limited range of motion and pain, prior to the incident. Defense counsel further argued that Montgomery was able to perform her activities of daily living unassisted and did not require any future medical treatment.