On Dec. 10, 2013, plaintiff Kristine Rainey, 45, a self-employed maid, underwent carpal tunnel surgery and a cubital tunnel decompression with anterior transposition, V-Y plasty to the common flexor pronator fascia, and open carpal tunnel relief on the right wrist. The procedure was performed by Dr. Jeffrey Seip, an orthopedic surgeon. Rainey presented to Seip Orthopedic Surgery for the first time on Nov. 4, 2013. She complained that she was suffering severe carpal tunnel pain that had failed to improve after several months. She underwent an EMG on Nov. 19, 2013, and the findings revealed moderate, right-sided ulnar neuropathy at the elbow and cubital tunnel syndrome. Rainey was scheduled to undergo surgery on Dec. 10, 2013. After the operation, Rainey’s surgical wounds failed to heal. She subsequently presented to the emergency room at Hi-Desert Medical Center, in Joshua Tree, with complaints of right arm pain and non-healing surgical wounds on Jan. 31, 2014. The medical center determined that Rainey grew a large eschar (dead tissue that falls off from the surface of healthy skin) and that her surgical wounds had become infected, resulting in gangrene of her right arm. It also determined that Rainey had cellulitis of the right, upper extremity; deep venous thrombosis of the right, upper extremity; and arterial occlusion of the right, upper extremity. She was subsequently sent, via ambulance, to the University of California, Irvine Medical Center, in Orange, to undergo extensive surgeries, fasciotomies, and a plastic surgery revision with skin grafts. Rainey sued Seip and Seip’s medical office, Seip Orthopedic Surgery Inc. Rainey alleged that Seip failed to properly diagnose her condition and failed to refer her to a vascular specialist, resulting in the performance of incorrect surgeries. She also alleged that Seip’s failures constituted medical malpractice and that Seip Orthopedic was liable for Seip’s actions. Specialty Urgent Care was also sued, but was removed from the case. In addition, Dr. Robert Robbins and a physician assistant, Mathew Kean, were also named as defendants, but they were ultimately dismissed from the case. Thus, the matter continued against Seip and Seip Orthopedic only. Plaintiff’s counsel contended that Seip misdiagnosed Rainey’s condition, in that Rainey was suffering from a vascular condition and that her mild to moderate carpal tunnel syndrome was not the primary cause of her pain. Counsel also contended that Seip should have recognized Rainey’s pre-operative abnormalities and referred her to a vascular surgeon, instead of performing the surgeries. Plaintiff’s counsel argued that Seip performed an incorrect surgery, which exacerbated Rainey’s pre-existing condition and caused her to be admitted to a hospital. Specifically, counsel argued that Rainey had a vascular occlusion that was evident pre-operation and that Rainey should not have been considered for the surgeries under Seip. The plaintiff’s medical experts opined that the pre-operative evaluation was incomplete and that Rainey’s post-operative complaints were ignored. Defense counsel contended that the subject surgeries were routine, but that Rainey was noncompliant. Specifically, counsel argued that after a few preliminary follow up visits, Rainey failed to present to Seip Orthopedic due to her fear of being admitted to the hospital. Thus, defense counsel argued that Seip performed an elective, but necessary, surgery and that any failure to detect the alleged arterial vascular compromise was due to a congenital defect and Rainey’s own contributory negligence of failing to submit to more treatments and studies, and delaying treatment for several months. The defense’s medical experts opined that the carpal and cubital surgeries were warranted and that the vascular compromise was highlighted post-operatively, but was never suspected pre-operatively by Seip., Rainey’s surgical wounds failed to heal after the Dec. 10, 2013 procedure. As a result, on Jan. 31, 2014, she presented to the emergency room at Hi-Desert Medical Center with complaints of right arm pain and non-healing surgical wounds. The medical center determined that Rainey’s surgical wounds grew a large eschar and had become infected, resulting in gangrene of her right arm. It also determined that Rainey had cellulitis, deep venous thrombosis and arterial occlusion of the right upper extremity. As a result, Rainey was transferred to U.C. Irvine Medical Center, where she underwent gangrene tissue removal, thoracic outlet release, two fasciotomies, and plastic surgery with skin grafts. Rainey initially returned to work for a brief amount of time, but she claimed she was limited in what she could do at work. She further claimed that she was ultimately no longer able to work or use her right hand and arm, as they had become disfigured. Thus, Rainey sought recovery of past and future medical expenses, loss of income and earning capacity, and loss of household services. She also sought recovery of damages for her past and future pain and suffering. Rainey’s husband, Norman Rainey, a 43-year-old lineman, presented a derivative claim seeking recovery for his loss of consortium.