On Feb. 1, 2013, plaintiff Wanda Katz, 54, a retired hairstylist, was shopping at a CVS store in Port Hueneme. While crouched down and examining some products near the bottom of a display rack, Katz was knocked to the ground by a CVS employee who was pushing a four-wheel cart loaded with merchandise. Katz claimed that as she fell, the right side of her head struck the bottom shelf. Katz sued CVS Pharmacy Inc. She alleged that the employee negligently caused the accident and that CVS Pharmacy was vicariously liable for the employee’s actions. Plaintiff’s counsel noted that the CVS employee claimed that she did not see Katz because the merchandise on the cart she was pushing blocked her line of sight. Thus, counsel argued that the employee was negligent for failing to keep a proper lookout while pushing the cart. The incident was partially captured on a CVS video surveillance camera, but the video did not show the alleged head strike. Plaintiff’s counsel argued that Katz’s head strike could not be seen because the recorder was set to capture images at five frames per second, rather than the usual 30 frames per second. Defense counsel argued that CVS Pharmacy was not liable for the alleged incident and that Katz should not have crouched down when she was approximately 6-feet away from a parked, four-wheel cart that was loaded with merchandise. Counsel also argued that Katz did not hit her head on the lower shelf., Katz claimed that she sustained a traumatic brain injury and a neck strain. She alleged she suffered neck pain after the incident, but did not seek immediate medical treatment. Instead, she spoke with a neighbor, who was an orthopedist. Katz’s first documented doctor’s office visit was six weeks after the incident, after he neck pain became severe and she started to experience some sensory and cognitive deficits. Within two months of the incident, Katz underwent an MRI of the brain and was determined to have lesion in the cerebellum. The radiologist allegedly misinterpreted the lesion as evidence of a stroke. However, 1.5 years after the subject incident, Katz presented to the head of the Stroke and Neuro-Rehabilitation Department at UCLA, was told by the plaintiff’s expert neurologist that she never had a stroke, but rather the lesion in the cerebellum was evidence of traumatic brain injury caused by the subject incident. Katz then consulted with her expert otolaryngologist, a balance disorder specialist at House Clinic, in Ventura, and was diagnosed with persistent postural-perceptual dizziness (PPPD), a balance and sensory disorder that can be caused either by brain trauma or by a serious neck injury. Plaintiff’s counsel contended that the brain trauma was from Katz striking her head. Specifically, counsel contended that when Katz struck her head, it caused an injury to her vestibular system, which then led to PPPD. Plaintiff’s counsel noted that balance and sensory disorders are often simply dismissed as “dizziness” and left untreated, but that PPPD is now recognized in literature with specific diagnostic criteria and can be treated using specific therapeutic regimens. As a result, Katz continues to undergo extensive physical therapy, cognitive therapy, and occupational therapy. Katz claimed that although she had retired from a career as a hairstylist by the time of the accident, she continued to maintain both her cosmetology real estate licenses. She alleged that as a result, her caused her to suffer a loss of earning capacity and caused her to be unable to perform many of her household services. She also alleged that she can no longer drive a car for any significant distance and that she can no longer walk along the beach or enjoy yoga. Thus, Katz sought recovery of $56,229 in current medical costs, $288,000 in future medical costs, and $399,836 in future loss of household services. She also sought recovery of damages for her past and future pain and suffering. Defense counsel asserted that Katz was not seriously injured and that Katz was a hypochondriac who exaggerated and over-stated her symptoms. According to the defense’s medical experts, the lesion in the cerebellum may have been due to a stroke, but, in any event, did not cause any of Katz’s alleged symptoms. In addition, the defense’s medical experts opined that persistent PPPD is a garbage diagnosis and purely subjective. During jury deliberations, the parties established a $3 million/$750,000 high/low agreement, with the amount to be adjusted based on the finding of liability. The agreement included a stipulation that there would be no appeals.