On Jan. 1, 2009, plaintiff Oscar Rodas, 20, who had experience as a construction laborer and food server, developed appendicitis and presented at the Santa Clara Valley Medical Center. Approximately 12 hours later, on Jan. 2, 2009, Rodas underwent surgical repair of his appendix. However, the initial repair broke down and a leak developed, resulting in severe peritonitis. As a result, Rodas underwent a second surgery on Jan. 8, 2009, which was performed by a second surgeon, who anastomosed the ends of the swollen, infected small bowel. Another leak then developed after the second procedure, which ultimately resulted in the loss of most of Rodas’ small intestine. Rodas sued Santa Clara Valley Medical Center and its owner and operator, the county of Santa Clara. He alleged that the medical center failed to timely treat his appendix condition and subsequent leaks, and that this failure constituted medical malpractice. He also alleged that the county was vicariously liable for the medical center’s actions. Plaintiff’s counsel contended that even though it was apparent that Rodas’ appendix had perforated when he presented to the medical center on the evening of New Year’s Day 2009, the surgery wasn’t performed until 12 hours later due to a lack of communication between the resident on duty and the attending physician. Counsel contended that two days after the initial surgery, Rodas’ condition deteriorated to the extent that he had to be admitted to the Intensive Care Unit. Thus, counsel contended that Rodas should have been re-explored on Jan. 5, 2009, but that the same attending physician followed Rodas for an additional two days in the ICU. Plaintiff’s counsel claimed that, instead, a second attending physician took over on Jan. 8, 2009, and promptly performed another surgery, after severe peritonitis had already developed. Counsel contended that, with the extent of infection found during the second surgery, it was negligent to anastomose the bowel, and an ileostomy should have been fashioned. Counsel further contended that as a result of the unnecessary anastomose procedure, a much more extensive infection developed, resulting in the loss of approximately 80 percent of Rodas’ small bowel. Santa Clara Valley Medical Center claimed that there was no negligence in the timing of the first surgery and that it was within the standard of care not to reoperate on Jan. 5, 2009, since Rodas’ condition appeared to stabilize once he was admitted to the ICU. It further contended that the decision to anastomose the bowel on Jan. 8, 2009, was a judgment call and did not constitute a breach of the standard of care., Rodas suffered another leak after the second surgery, causing an extensive infection to develop that resulted in the loss of approximately 80 percent of his small bowel. As a result, he required at least nine additional surgeries, a hospital stay of more than seven months and multiple subsequent hospitalizations, 10 of which were at the Santa Clara Valley Medical Center. Rodas suffers from short bowel syndrome and must rely on parenteral nutrition for almost all of his nourishment. He also underwent a jejunostomy so that he can eliminate intestinal waste products through a segment of his jejunum. Rodas also developed arthritis and gout, and suffered frequent infections associated with his pic line. He now spends 12 hours per day hooked up to a pump to receive total parenteral nutrition and fluids. Rodas lost a great deal of weight and has poor endurance. As a result, he has been unable to hold a job or complete his education. Plaintiff’s counsel contended that Rodas is a poor candidate for a small bowel transplant, but that he may be able to reduce his dependence on total parenteral nutrition if his surgeon can reattach a remnant of his small bowel and establish a colostomy. Thus, the largest economic damage claim was a projection of the cost of Rodas’ total parenteral nutrition and related supplies. Since June of 2011, MediCare has had primary responsibility for Rodas’ medical care and supplies, which has averaged $2,300 per week. In addition, Rodas claimed a total loss of earning capacity of approximately $1.5 million.