On Dec. 28, 2012, plaintiff’s decedent Harvey Cohoon, 78, was at Victoria Healthcare Center, in Costa Mesa, when he was determined to be having difficulty swallowing. Cohoon was previously diagnosed with colon cancer and admitted into Victoria Healthcare for rehabilitation while undergoing chemotherapy and radiation. About 20 days into his admission, he developed difficulty swallowing. As a result, on Dec. 28, 2012, Cohoon was evaluated by Victoria Healthcare’s speech therapist and determined to have severe swallowing difficulties (dysphagia). Cohoon’s physician subsequently placed him on a dysphagia diet to prevent Cohoon from choking and/or aspirating, two known dangers associated with dysphagia. Thus, his diet was changed from “regular texture” to “mechanically altered,” making his food easier to chew and swallow. The nursing staff was also told to monitor Cohoon during his meals to make sure he could safely tolerate his new diet. Later that night, the nursing staff served Cohoon a chicken dinner that was not chopped as ordered. As a result, Cohoon developed an airway obstruction and died within 24 hours. The decedent’s niece, Donna Cochrum, acting individually and as the personal representative of Cohoon’s estate, sued the operator of Victoria Healthcare Center, Costa Victoria Healthcare LLC; its corporate owner, The Flagstone Group Inc.; and the management/consulting company, Ensign Services Inc. and The Ensign Group Inc. Cochrum alleged that the defendants’ actions constituted elder abuse, negligence, and wrongful death. The Ensign entities were ultimately dismissed prior to trial. An emergency room physician testified that after Cohoon was transported to the Emergency Department at Hoag Memorial Hospital Presbyterian, in Newport Beach, “a lot” of chicken was removed from Cohoon’s airway, 10 pieces in total. Thus, the physician opined that the staff of Victoria Healthcare served Cohoon the wrong diet, which was the direct and immediate cause of Cohoon’s death. Defense counsel contended that the care and treatment provided to Cohoon complied with the applicable standard of care at all times and that Cohoon’s care and treatment while at Victoria Healthcare did not cause or contribute to any of Cohoon’s alleged , death, or damages., The Costa Mesa Fire Department was summoned to Victoria Healthcare via a 911 call reporting that Cohoon was found in cardiac arrest. However, paramedics determined that Cohoon was in respiratory arrest and removed “chunks” of chicken from his upper airway. He was then transported to the Emergency Department at Hoag Hospital, but Cohoon died. Plaintiff’s counsel contended that despite heroic efforts from emergency responders and the medical staff at Hoag Hospital, Cohoon suffered a fatal hypoxic brain injury due to the deprivation of oxygen secondary to an airway obstruction. Cohoon was never married and had no children. His niece, Cochrum, was Cohoon’s only family in California, and Cochrum claimed that they had a father-daughter-like relationship. Thus, Cochrum sought recovery of $2.5 million in damages, including wrongful death damages and damages for her uncle’s pre-death pain and suffering. The parties also stipulated that Cohoon’s past medical expenses totaled $15,511.27.