On Oct. 14, 2011, at 8:19 p.m., plaintiff Leah Gumb was born to plaintiff Jenny Kaminer at the University of California Davis Medical Center in Sacramento. Leah’s mother previously received her prenatal care at UC-Davis Medical Center without any problems or complications. On Oct. 11, 2011, Kaminer, at 41 weeks, had a fetal non-stress test and amniotic fluid index, which were both normal. She then entered the hospital in early labor at 6:54 a.m. on Oct. 14, 2011. Kaminer subsequently gave the nurses a birth plan, which included a desire for a vaginal birth. At 9:33 a.m., the vaginal exam showed 6.5 centimeters/90 percent/-1 with a Category I fetal monitor tracing. After an epidural was placed at 10:51 a.m., the fetal monitor began to show late decelerations. At 12:46 p.m., there was a prolonged deceleration and the vaginal exam showed 8 centimeters/90 percent/-1. As a result, at 1:17 p.m., the chief obstetrician resident had Kaminer sign a consent form to have a cesarean section performed. After another prolonged deceleration, Kaminer was moved to the operating room at 1:59 p.m., and the resident ruptured the membranes, which showed clear fluid, at 2:10 p.m. The high-risk obstetrician then arrived in the operating room at 3:00 p.m. and decided that the fetus was stable. After a vaginal exam, which showed 9 centimeters/100 percent/0, the high risk obstetrician decided to start Pitocin, an oxytocin injection, but kept Kaminer in the operating room. At 4:27 p.m., the vaginal exam showed 9.5 centimeters/100 percent/0 and the amount of Pitocin was increased. At 5:30 p.m., there was a change in obstetrical coverage and the oncoming obstetrician was told that the patient “adamantly does not want a C-section.” At 5:58 p.m., Kaminer was at 10-centimeters dilation and the nurse instructed her to start pushing while still on the operating room table. At 6:20 p.m., another high-risk obstetrician arrived and, despite evidence of deep variable decelerations and further decrease in variability, a vaginal delivery was attempted, but did not occur until 8:19 p.m. Kaminer gave birth to Leah, who had Apgar scores of 2, 4 and 6 with a cord blood gas pH 7.21, BE -10. As a result, it was determined that Leah had suffered a hypoxic brain injury as a result of a delay in delivery. Kaminer and the infant’s father, Christopher Gumb, acting individually and on behalf of their child, Leah, sued The Regents of the University of California, the University of California Davis Health System, the University of California Davis Medical Center, the University of California Davis Medical Group and the University of California Davis Women’s Group. Kaminer and Gumb alleged that the defendants failed to timely deliver the baby and failed to perform a C-section, and these failures constituted medical malpractice. Plaintiffs’ counsel contended that the defendants were negligent for not recognizing fetal distress and for not proceeding with a C-section, which would have prevented the hypoxic-ischemic injury, most of which occurred during the last hour before delivery. Defense counsel contended that all care was within medical standards. Specifically, counsel contended that since Leah’s mother, Kaminer, did not want a C-section, it was appropriate to attempt a vaginal delivery. However, Kaminer disputed this, claiming that if at any point the defendants wanted to perform a C-section, they had her written consent to do so., Leah was diagnosed with hypoxic-ischemic encephalopathy, a condition in which the brain does not receive enough oxygen, and was given brain cooling. However, it was determined that she suffered permanent brain damage. Leah is now 20 months old and suffers from cerebral palsy. All past care costs were paid for by Kaminer’s health insurance through UC Davis, where she works as an Assistant Professor. However, Kaminer claimed that she struggles with Leah’s on-going medical expenses and that her husband, Gumb, had to quit his job to tend to their daughter’s needs. Thus, they sought recovery of damages for their distress and the distress of their daughter, as well as money to be placed in a life-time annuity to take care of Leah’s future medical bills. Defense counsel contended that Leah’s life expectancy is limited to 5 additional years.