A judge will soon decide whether an hospital in Upland will pay for work comp for a nurse who suffered a sudden cardiac arrest during her shift. The I-Team’s Carolyn Johnson reports for the NBC4 News at 6 p.m. on Thursday, Aug. 29, 2024.
It was May 14, 2020 when nurse Andrea Morris collapsed at work in Upland at City of Hope's Cancer Infusion Center.
In a call placed to 911, you can hear her supervisor say, "I can't get a blood pressure on her."
Nursing Supervisor Karen Serna used her cell phone to record what was happening, telling the 911 operator she thought it was a seizure.
But it wasn't just Nurse Serna who was present.
Get top local stories in Southern California delivered to you every morning. Sign up for NBC LA's News Headlines newsletter.
"There were two nurses, one medical assistant and two doctors, all City of Hope employees," said Keith More, Andrea Morris' attorney
One of those doctors later said under oath he was “not qualified to perform CPR."
Why would a medical professional that’s trained in CPR not react? It’s just really scary.
Pam Bertino, Andrea Morris' sister and conservator
"They just didn’t react, and to me it’s the biggest mystery of the whole thing," said Pam Bertino, Morris' sister and now her conservator, as well. "Why would a medical professional that’s trained in CPR not react? It’s just really scary,."
In a statement it the I-Team, City of Hope said “staff believed that Ms. Morris was having a seizure and began to record (her) while continuing to attend to her, believing that the video would help first responders evaluate and treat her once they arrived."
According to court testimony, that video was never shared with first responders, and listening to the 911 call confirms no one performed CPR until more than 7 minutes later when her friend and fellow nurse Alma Harris saw what was happening and began chest compressions.
City of Hope maintains, "Our staff reacted immediately, appropriately, and admirably to Ms. Morris’s unexpected medical event. They quickly alerted emergency personnel, and closely monitored and reported Ms. Morris’s condition. CPR was administered as soon as it was clinically appropriate."
Morris was left quadriplegic as a result of the lack of oxygen to her brain. She now lives at home with her parents, both in their late 80s. Her family says they had to sell her home and liquidate her 401k to cover her medical expenses.
Even so, they say they are now facing a lien of more than $1 million from the recovery center where Morris had been receiving her care.
Our staff reacted immediately, appropriately, and admirably to Ms. Morris’s unexpected medical event. They quickly alerted emergency personnel, and closely monitored and reported Ms. Morris’s condition. CPR was administered as soon as it was clinically appropriate.
City of Hope
All of this is, Morris' family says, because her workers' comp case was denied by City of Hope.
"City of Hope's position appears to be, of course we're sympathetic, this is tragic, but if we paid every claim based on sympathy, rates would go to the roof. And the fact is, they have to prove that the injury relates to or rises out of the job, or it's just not paying," explained legal analyst Royal Oakes.
The family appealed the denial, and after 6 days of trial spread out over 18 weeks, the case is now in the hands of the judge.
Morris' attorneys point to case law and precedence stating they must prove only a 1% link between her sudden cardiac arrest and her job. And they point out, she was working during the first wave of the Covid pandemic.
"It’s very difficult to overcome that low one percent threshold," said Oakes. "Front line workers were dying and being injured in droves during Covid. It was recognized as a very stressful job. And as a result, stress alone can justify paying a comp claim."
"There was limited PPE equipment, limited masks, and she had a lot of anxiety a lot of stress about it," explained Bertino.
Morris’ attorney points to City of Hope’s posted job description before Covid which states: "Employee will work under stressful conditions.”
"There was a blockbuster element to this case," said Oakes.
That surprising development came on day 5 of the 6-day trial concerning Nursing Supervisor Karen Serna and her own workers' compensation claim, which was filed the same day as Morris' sudden cardiac arrest.
Morris' family was stunned to learn that the claims adjuster, as noted in the judge’s trial summary, “didn't have the names of the witnesses at the time she issued the denial,” and “there was no reconsideration of the denial after the names of the witnesses was received,” meaning she did not interview anyone present on May 14, 2020 before denying Morris' claim.
The same adjuster did award a workers' comp claim to Nursing Supervisor Serna, who recorded Morris' near-death medical emergency.
According to a now deleted LinkedIn profile, Serna changed jobs at City of Hope, moving from nursing supervisor at the Cancer Infusion Center in Upland, to nursing manager at City of Hope in Orange County.
Attorneys for City of Hope have filed a motion to have the claims adjuster’s testimony thrown out.
"When you look back and see how the adjuster behaved, how the decision was made, serious questions are being raised," explained Oakes. "And that's why the judge is going to have to sort through all of these questions and come to a conclusion as to whether or not this person who is now quadriplegic is in fact entitled to workers' compensation money."
It’s now been more than four years since Andrea Morris’ life changed forever. She requires round-the-clock care, and her sons in their 20s must also assist with caregiving.
For now, her physical and speech therapy are on hold. Her family says they simply cannot afford it.
"City of Hope has not done anything from a medical perspective," said Bertino. "They have not helped us out in any way shape or form."
In its statement to the I-Team, City of Hope reiterated, “Our hearts go out to her and her family. Ms. Morris is a valued colleague and friend to the staff at the City of Hope facility where she worked and who responded to her medical event. Our staff feels a deep sense of empathy and compassion for her and her situation."
The judge is expected to reach her decision in this appeal soon. But that won’t mark the conclusion. Both sides will have the opportunity to appeal.
In the meantime, a medical malpractice lawsuit is on hold until there’s a resolution in the workers' comp case.
In a statement, City of Hope wrote:
"We are very saddened by the medical event that Ms. Morris suffered in 2020, and our hearts go out to her and her family. Ms. Morris is a valued colleague and friend to the staff at the City of Hope facility where she worked and who responded to her medical event. Our team feels a deep sense of empathy and compassion for her and her situation. Our staff reacted immediately, appropriately, and admirably to Ms. Morris’s unexpected medical event. They quickly alerted emergency personnel, and closely monitored and reported Ms. Morris’s condition. CPR was administered as soon as it was clinically appropriate. Our staff also provided oxygen and employed a defibrillator. We are grateful for how they responded under these difficult circumstances.
Regarding the timing of providing CPR: CPR was administered as soon as it was clinically appropriate. Based on the staff’s assessment, Ms. Morris’s symptoms appeared to point to other possible medical conditions where immediately providing CPR would not have been the right clinical response, and in fact could have caused harm. Once our staff could not find a pulse, they began CPR and followed instructions from the 911 dispatcher. Regarding a member of the medical team recording part of Ms. Morris’s medical event: The staff believed that Ms. Morris was having a seizure and began to record Ms. Morris while continuing to attend to her, believing that the video would help first responders evaluate and treat her once they arrived.
Regarding the care available at City of Hope facilities: As one of the leading cancer research and treatment organizations in the country, the health and wellbeing of our patients and employees is our top priority. Every one of our care sites is prepared to provide patients with high quality medical care, and we remain committed to maintaining a safe work environment for our staff and clinical teams. We have the processes and expertise in place to respond to unexpected situations, including at our clinics that do not have emergency rooms.
Regarding City of Hope’s position on Ms. Morris’s workers’ compensation claim: While we empathize deeply with Ms. Morris and her family in light of Ms. Morris’s ongoing medical support needs, we do not believe that Ms. Morris’s medical event was caused by her employment with City of Hope."
