On April 10, 2011, plaintiff Maria Vela, 91, was being attended to by her caregiver, Marilyn Bordon, who was on duty and employed by Medical Link Providers II Inc., while Vela recovered from surgery to repair a right hip fracture. As she rose from a sitting position and walked into the kitchen in her residence at 483 30th Street in San Francisco, Vela lost her balance and fell to the floor, breaking her left hip and left clavicle. Vela sued Bordon and Medical Link Providers II Inc. She alleged that Bordon was negligent in her treatment of her and that Medical Link was negligent in the training, hiring and supervision of Bordon. Vela’s daughter, plaintiff Rose Mary Vela, also sued Bordon and Medical Link. She alleged that the defendants’ actions constituted a breach of contract. She claimed that Medical Link breached the contract by failing to uphold its agreement to screen its employees to ensure that their work history and references reflect professionalism, reflect reliability, and demonstrate capabilities. She also claimed Medical Link failed to provide her with a licensed, certified, credentialed and/or properly trained home health aide/caregiver. At trial, plaintiffs’ counsel contended that before going on break, Bordon failed to inform Maria Vela’s stepson that certain precautions should be taken if she tried to walk without assistance. Counsel contended that as a result, Maria Vela walked without assistance, lost her balance and fell. Plaintiffs’ counsel also questioned whether Bordon should have contacted 911 and whether Bordon should have made sure Maria Vela was wearing a gait belt, which would have assisted her when she walked with assistance. Plaintiffs’ counsel contended that Medical Link was liable for engaging in the negligent hiring of Bordon by failing to discover that she was not a certified home health aide and/or she was not otherwise trained or qualified to be employed as a home health aide/caregiver. Counsel also contended that Medical Link failed to train Bordon by not adequately instructing her on the duties and responsibilities of a home health aide/caregiver. In addition, plaintiffs’ counsel contended that Medical Link failed to supervise Bordon as she provided caregiving services to Maria Vela to insure that the plaintiff was using a walker and gait belt at all times while ambulating. Defense counsel argued that Bordon was a properly qualified and experienced caregiver. Counsel contended that although Bordon was not a certified home health aide, the Vela family was never promised a home health aide nor did Maria Vela require a Home Health Aide, as opposed to a caregiver. Defense counsel contended that Bordon was in another room, on an authorized and regularly established break at the time of Maria Vela’s fall. Counsel contended that prior to leaving, Bordon was told she could go on her break by Carmen Vela, one of Maria Vela’s daughters who lived in the downstairs unit. Defense counsel further contended that when Bordon left, Maria Vela was sitting with her stepson, who was aware that his mother was recuperating from a prior right hip fracture. In addition, counsel contended that the stepson did not alert anyone when his mother got up with her walker, proceeded into the kitchen and began cooking him something to eat., Maria Vela’s were undetected by her family and Bordon on the evening of the accident. The following morning, however, one of Maria Vela’s sons realized that his mother had sustained a fracture to the left hip and left clavicle, based on his paramedic training, and called 911. Maria Vela was then transferred to St. Luke’s Hospital, where she underwent open reduction and internal fixation of her left hip with a rod inserted into her femur. She then remained hospitalized for several weeks while she underwent rehabilitation. Plaintiffs’ counsel contended that Maria Vela’s recovery from her right hip fracture and surgery was complicated and delayed by the fracture of her left hip. As a result, Maria Vela was unable to resume walking with a cane and is now homebound. She claimed that she now requires the use of a walker to ambulate and continues to suffer pain. She also claimed that she still requires 24-hour care, seven days per week. Thus, Maria Vela sought recovery of damages for her medical expenses that were not covered by Medicare and for her past and future pain and suffering.