On Nov. 28, 2011, plaintiff’s decedent James Fleshood, 63, a retiree, underwent a biopsy to detect lung cancer. The biopsy was performed by Dr. Roderick Yasuda, a cardiothoracic surgeon, at Valley Presbyterian Hospital in Van Nuys. While performing the procedure, Yasuda punctured Fleshood’s esophagus, which ultimately caused an infection in Fleshood’s chest cavity. The hole was identified 10 days after the biopsy, and Fleshood was transferred to UCLA Medical Center to have the hole repaired. Fleshood tested positive for small cell lung cancer, but could not receive chemotherapy until the infection subsided three months later. Fleshood died roughly 10 days later, on March 20, 2012, due to complications related to the small cell lung cancer. The decedent’s wife, Mary Fleshood, acting individually and as administrator of her husband’s estate, sued Yasuda and Valley Presbyterian Hospital. The decedent’s wife alleged that the defendant failed to timely diagnose and treat the punctured esophagus and that these failures constituted medical malpractice. Valley Presbyterian Hospital was dismissed from the case prior to trial. Plaintiff’s counsel argued that Yasuda failed to timely identify and take the appropriate steps to repair the decedent’s punctured esophagus. Counsel contended that as a result, the decedent developed the chest cavity infection that delayed his chemotherapy for three months. Plaintiff’s counsel further argued that while the decedent would have ultimately succumbed to the cancer, the delay in chemotherapy cost the decedent three months of his life and valuable time with his wife, family and friends. Yasuda claimed that his actions were not negligent and that he acted within the standard of care at all times during his treatment of the decedent. He contended that he took all the appropriate steps post-biopsy in ultimately identifying the puncture and that the decedent’s death was totally related to his cancer, and not due to the subject infection., Mr. Fleshood suffered a punctured esophagus, which caused an infection in his chest cavity. He was ultimately transferred to UCLA Medical Center to have the hole repaired 10 days later. As a result of the infection, he could not receive chemotherapy for small cell lung cancer until the infection subsided three months later. Mr. Fleshood died roughly 10 days later, on March 20, 2012, due to complications related to the small cell lung cancer. He was 63. The decedent is survived by his wife. Ms. Fleshood claimed her husband passed away three months earlier than he would have if chemotherapy was immediately administered following the cancer diagnosis in 2011. She claimed that as a result, she lost valuable time with her late husband since he was constantly in and out of hospitals leading up to the chemotherapy. Thus, she alleged they never had an adequate amount of time to come to terms with the cancer diagnosis and plan for the remainder of her husband’s life. Ms. Fleshood sought recovery of $15,000 in economic damages for the loss of the decedent’s VA and social security benefits during the subject three months. She also sought recovery of $162,000 in non-economic damages for the loss of the decedent’s care, comfort and society, as well as sought recovery of general wrongful death damages. Defense counsel suggested that the jury award only $30,000 in non-economic damages for Ms. Fleshood’s loss of care, comfort, and society.