Appeals Board rules in favor of nurse who suffered sudden cardiac arrest on the job – NBC Los Angeles

“I need help,” said Andrea Morris from the bedroom where she spent her childhood.

Although her speech has regressed in the years following her brain injury, those three words speak volumes.

Morris has needed help ever since her sudden cardiac arrest at City of Hope’s cancer infusion center in Upland where she worked as a nurse.

Her medical emergency in May 2020 was recorded on cellphone by her boss, a nursing supervisor.

Morris needed help then, but with doctors and nurses standing by, it took more than seven minutes before a fellow nurse and friend saw what was happening and started CPR. By then, she had suffered a severe brain injury from a lack of oxygen. She survived but is quadriplegic.

Morris cannot feed herself and requires care around the clock. And while she and her family are relieved by their recent legal victories, they come at a time of great personal loss.

“It’s been an incredibly tragic time for us, and particularly Andrea,” said Morris’ sister, Pam Bertino. “Both of our parents got sick over the holidays, and sadly my mom passed away on New Year’s Eve, unexpectedly, and my dad passed away 19 days later,” said Pam Bertino, Morris’ sister.

May 14 will mark five years since Morris’ sudden cardiac arrest.

“It’s just heartbreaking. And now we are planning my parent’s funerals and celebration of life. And still, we have this big question mark over our heads, how are we going to take care of Andrea?” said Bertino.  

City of Hope has maintained her sudden cardiac arrest was not work-related, arguing the stress of the job and working during Covid were not factors.

Without any workers’ compensation benefits, her family said Morris had to sell her house, liquidate her 401K and move in with her parents. Caregiver costs alone run well over $200,000 a year. Her children have stepped up as best they can. Her son Donavan was just graduating from high school when his mom’s life changed forever, and his too.

“My mom needs 24-hour care. What 23 year old knows how to change a diaper? I know how to do all the caretaking duties,” said Donavan Garcia. “I shouldn’t have to do that but it’s my mom and I’ll do anything for her.”

But he can’t do it alone, and he says he can’t understand why the hospital where she cared for patients won’t care for her.

In a statement, City of Hope said:  “We remain saddened by Ms. Morris’s medical event and continue to empathize with her situation. Ms. Morris is a valued colleague and friend to City of Hope. We have been actively working to fairly resolve this matter so she and her family can move forward.“

Morris’ attorney Keith More replied: “If the City of Hope believes they have handled Andrea‘s case fairly, I can’t imagine what unfair treatment looks like. For 5 years, the City of no Hope have avoided responsibility for seven minutes of their inaction. Two independent doctors, a workers’ compensation judge, and now the Appeals Board have all found them responsible. When will they take accountability and provide the most basic care for a woman who has now lost everything! How much more is a dedicated former employee expected to endure?”

Legal analyst Royal Oakes says City of Hope should carefully weigh its options.

“Her story couldn’t be sadder in terms of what happened to her physically, what happened to her finances and her family, and so there’s every incentive for the parties to get together and try to resolve this,” said Oakes.

He adds that City of Hope could appeal again, but he believes it will be difficult for the hospital to overcome the previous rulings.

“Bottom line is, this looks terrible for the City of Hope, and even if they have confidence in their arguments, this is a very bad PR situation for them.” “

As the family prepares to celebrate the life of their parents, they are also focused on Andrea’s future and the help they need now from City of Hope.

“Please do the right thing, and settle this for Andrea,” said Bertino. “It’s going on far too long; she really needs your help. This happened on your watch, and just do the right thing.”            

City of Hope has until mid-April to decide whether to appeal. Meanwhile, the workers’ compensation trial judge has set a status conference to hear from both sides on March 13.