On Nov. 27, 2009, at 8:30 a.m., plaintiff Robert Vasquez, 61, a patient at Rancho Los Amigos National Rehabilitation Center in Downey following a stroke, was assisted to the bathroom by nursing staff, but was then left unattended while sitting on the toilet. He consequently fell off the toilet, hitting his head on the floor. Immediately thereafter, Vasquez evaluated by the hospital’s staff, and noted to have swelling and an indentation to the left parietal area of his head. However, it was determined that he showed no outward signs of having bleeding in his brain. As a result, Vasquez was approved for an overnight home pass for the holidays and released the next day. Vasquez later complained of headaches while at home and was taken to another hospital, where he was diagnosed with bleeding in his brain. Vasquez’s wife, Rosie Ventura Vasquez, who was appointed by the court as her husband’s guardian ad litem, sued Rancho Los Amigos National Rehabilitation Center and the owner and operator of the center, the county of Los Angeles. She alleged that the rehabilitation center failed to properly assist her husband and that this failure constituted medical malpractice. The Los Angeles County Department of Health Services was erroneously sued and subsequently dismissed from the action. Plaintiffs’ counsel noted that Vasquez was originally admitted to Rancho Los Amigos National Rehabilitation Center for acute-rehabilitative care after a stroke. Vasquez was subsequently assessed to be a high fall-risk due to the effects of the stroke, which had caused left-sided weakness and gait impairment. Additionally, physical therapy discovered that Vasquez had poor dynamic sitting balance and that he would therefore require stand-by assistance for static sitting balance. Plaintiffs’ counsel contended that due to Vasquez’s left-sided hemiparesis, he was unable to balance himself on the toilet and subsequently fell. Counsel also contended that Vasquez should have been continuously monitored for signs of neurological changes after the fall, but instead was approved for an overnight home pass and released. Plaintiffs’ counsel further contended that as a result, Vasquez’s symptoms progressed after he was released home the day after his fall and ended up in a semi-vegetative state., Vasquez complained of increasing headaches after he was released home from Rancho Los Amigos National Rehabilitation Center. He was eventually taken to Presbyterian Intercommunity Hospital via paramedics and CT scans taken at the hospital showed that Vasquez sustained a right frontal temporal subdural hematoma with a midline shift of 17 millimeters. As a result, he required an emergency craniotomy in order to evacuate the hematoma. However, Vasquez was left in a semi-vegetative state. Plaintiffs’ counsel contended that Vasquez was progressing well with both physical and occupational therapy prior to the fall, and that he was also able to ambulate 50 feet with the help of a quad cane. However, Vasquez now requires full-time convalescent care and remains in a semi-vegetative state as a result of his fall and brain injury, counsel contended. Vasquez had a Medi-Cal lien of $377,000 and hospital bills of about $634,026. He also sought recovery for his past and future pain and suffering.