On Dec. 12, 2008, plaintiff Vikki Arellano, 43, an in-home caregiver with a chronic history of fibromyalgia, presented to the office of Dr. John Polito, an OB/GYN in San Leandro. Arellano had been receiving injections of a contraceptive called Depo-Provera every three months for 18 years. According to Arellano, on this occasion when the contraceptive was injected, the proper sterilization techniques were not used, resulting in her experiencing an infection in the area of the injection the next day. As a result, she presented to the emergency room at St. Rose Hospital, in Hayward, where a Dilaudid IV was administered in the tender area in her deltoid. On Dec. 15, 2008, Arellano returned to Polito’s office, where, according to medical records, Polito noted Arellano’s complaints of pain and found decreased mobility, tenderness and a rash in the area where the injection had taken place. Polito subsequently diagnosed Arellano as having a reaction to the medication by developing an infection, and provided her with the antibiotic pain medication Zithromax and a sling for her arm. Three days later, Arellano followed up with Polito by phone, telling him that she was still experiencing pain. Polito then instructed her to discontinue the Zithromax and begin taking a steroid. Arellano complied. On Dec. 28, 2008, Arellano returned to the E.R. at St. Rose Hospital, complaining of 10 out of 10 pain in her left arm and shoulder. She was diagnosed as having an abscess in the shoulder, and an incision and drainage was performed the next day. Arellano was ultimately diagnosed post-operatively as having a subdeltoid abscess. A sample was subsequently sent for testing, which tested positive for staphylococcus aureus, and she was discharged from the hospital on Jan. 1, 2009. On Jan. 18, 2009, Arellano again returned to the emergency department at St. Rose Hospital and was diagnosed as having a wound dehiscence with brown pus draining from a fistula and her left deltoid was still tender. As a result, she was readmitted for a revision incision and drainage procedure, which was performed on Jan. 20, 2009. Arellano sued Polito, alleging that Polito’s medical assistant was negligent in administering the injection on Dec. 12, 2008, and that this negligence constituted medical malpractice. She further alleged that as a result of this malpractice, she sustained a staph infection. Plaintiff’s counsel argued that the quick onset of intense pain following the injection indicated that there was a problem with the administration of the shot. Counsel contended the shot either went beyond the deltoid muscle, into the sub-deltoid space, and irritated the humerus or hit a nerve. The plaintiff’s infectious disease expert testified that the development of a staph infection following an intramuscular injection is rare and that a staph infection requiring surgery is one that he had never encountered. Defense counsel disputed the allegations of negligence, contending that Polito’s medical assistant complied with the standard of care in all respects and that the swabbing of the injection site with alcohol or another disinfecting agent does not eliminate all of bacteria living on the skin. Counsel further contended that even though the bacterium was introduced by needle, it is a known complication of any intramuscular injection., Arellano developed a staph infection and was treated with Zithromax, which was later discontinued and replaced with a steroid. She then returned to the E.R. at St. Rose Hospital on Dec. 28, 2008, when she was diagnosed with a subdeltoid abscess of the left shoulder. As a result, an incision and drainage was performed the next day. She again returned to the E.R. on Jan. 18, 2009, and was diagnosed with wound dehiscence with brown pus draining from a fistula, and she subsequently underwent a revision incision and drainage procedure two days later. Arellano sought recovery of damages for her past and future pain and suffering. She did not make a claim for lost wages and economic damages were not sought, as Arellano’s medical expenses were paid by her insurance carrier. Defense counsel contended that Arellano experienced no permanent loss of range of motion, so Arellano had no restriction on her activities. Counsel also contended that Arellano was not taking any medications for her arm, outside of for her chronic fibromyalgia which was pre-existing.