On Dec. 19, 2014, plaintiff Ramon Rosales Jr., 10, underwent surgery to repair a type IV Salter-Harris fracture, a complex fracture of the left elbow involving the growth plate, with lateral and medial components. He sustained the fracture, along with other serious , the day before in a motor vehicle accident that also killed his mother and seriously injured his brother. (The accident was determined to be the fault of another driver.) Ramon’s surgery was performed by Dr. Julie Kwak Lee, an attending pediatric orthopedic surgeon at Los Angeles County + USC Medical Center, in Los Angeles. Lee opted to fix the fragments of the elbow fracture by using pin fixation with a lateral approach. Four pins were used to secure both the lateral and medial components of the fracture. However, the surgery was not successful in achieving proper fixation, and Ramon had to undergo a revision surgery at a Kaiser facility on Dec. 24, 2014. The surgeon who performed the revision surgery opted to fix the fracture using both a lateral and medial approach to the fracture (rather than just a lateral approach). The surgeon placed five pins, rather than four pins. The surgery was successful, and Ramon went on to achieve a complete recovery. Ramon’s father, Ramon Rosales Sr., acting as his son’s guardian ad litem, sued Lee; Los Angeles County + USC Medical Center; and another surgeon, Dr. Patrick Hill. The lawsuit alleged that Lee and the medical center were negligent in the treatment of Ramon and the performance of the elbow surgery and that their negligence constituted medical malpractice. Hill was ultimately removed from the case. At trial, over defense counsel’s objection, the jury was allowed to hear evidence of the death of Ramon’s mother and the serious to Ramon’s brother. Plaintiff’s counsel contended that Lee was negligent in the manner in which she performed the elbow surgery by opting to utilize a lateral approach to fix the fracture rather than both a lateral and medial approach. Counsel argued that Lee was not sufficiently qualified to perform the surgery and that the medical center failed to have sufficiently qualified, attending, pediatric orthopedic surgery staff perform the surgery. Plaintiff’s counsel’s expert orthopedist opined that Lee and Los Angeles County + USC Medical Center failed to exercise reasonable care in the treatment of Ramon and that their failure to exercise reasonable care resulted in significant physical and emotional injury to Ramon. The expert also opined that Lee needed to utilize both a lateral and medial approach to repairing the left distal humerus fracture and that the chosen technique was “doomed” for failure. The expert further opined that failing to perform the appropriate surgical approach constituted a breach in the standard of care. The defense’s expert orthopedist opined that Lee and Los Angeles + USC Medical Center exercised reasonable care and that Ramon’s were a recognized risk and complication associated with repair surgery. The expert also opined that the type of surgical technique to use in repairing Ramon’s fracture was a matter of clinical judgment and that Lee’s choice of technique was reasonable under the circumstances., Ramon ultimately recovered from his elbow fracture, but he sought recovery for his past pain and suffering after the initial surgery until he recovered. He also sought recovery of his past medical costs.