Decision in favor of City of Hope nurse after sudden cardiac arrest at work

Andrea Morris begins each day waiting for help to get out of bed. She is reliant on a special lift and the aid of her sons and caregivers. She requires 24/7 care, unable to take even a sip of water without assistance.

We first met Morris during her workers' comp trial in the spring. We asked her what she thought of hearing her former boss, Karen Serna, testify about what happened the day Morris didn’t feel well at work. She said in a strong but halting voice, "I didn't like it."

Nurse Serna took cell phone video of Morris as she suffered sudden cardiac arrest, telling 911 it was a seizure. Nurses and doctors on scene did not provide oxygen or CPR until more than 7 minutes after her collapse. One doctor stated under oath, he was not qualified to perform CPR.

As for how Nurse Serna reacted, Morris' attorney Keith More said, "there were six different chances she had to recognize, do something, but she did nothing."

We were so relieved... the judge made a very sound decision. City of Hope had their day in court. We have the answer we have been waiting for this whole time

Pam Bertino, Andrea Morris' sister and guardian

City of Hope wanted the 911 call and the video excluded, but the judge ruled both “provide understanding to the court of what actually took place on 5/14/2020."

The judge’s decision found Morris and her lawyers “sustained her burden of proof that her sudden cardiac arrest is industrially related and thus arose out of and occurred in the course of her employment.”

"We were so relieved," said Pam Bertino, Morris' sister and guardian. "I cried when I talked to our lawyer, and he told me the news. The judge made a very sound decision. City of Hope had their day in court. We have the answer that we have been waiting for this whole time." 

City of Hope issued this statement:

"We respectfully disagree with the decision of the Workers’ Compensation Appeals Board, and we are evaluating next steps."

Those steps include the right to appeal. City of Hope has until late November to do so. 

We respectfully disagree with the decision of the Workers' Compensation Appeals Board, and we are evaluating next steps.

Nisha Morris, City of Hope Chief Communications Officer

"The fact that they want to potentially drag it out even longer is just torture for Andrea," said Bertino. "We hope they do the right thing. They’re a multi-billion-dollar company, and they have insurance for things like this, so it’s something that needs to happen sooner rather than later. We're just almost at our wits' end." 

Her family has already sold Morris' house, liquidated her 401k and set up a GoFundMe account to help cover the cost of caregivers, which they say runs about $300,000 a year. There are also millions in medical liens.

City of Hope’s statement goes on to say:

"Our hearts continue to go out to Ms. Morris and her family. Ms. Morris is a valued colleague and friend to the staff at the City of Hope facility where she worked. Our team feels a deep sense of empathy and compassion for her and her situation."

Those words ring hollow to Morris' family who say they are looking at a lifetime of costly care going forward. She now lives with her elderly parents, who together with her siblings have had to purchase specialized vans for her. The future of her sons, now turned caregivers, has also changed.

"She wanted to help put them through college, and we are not able to do that with the limited funds she has left, which are dwindling fast," explained Bertino. "We’re angry because it's taken so long. It just should not be this way."

While the judge's decision answers the question of it being a workplace injury, she also references two other hospitals where Morris worked in the months leading up to the catastrophic brain injury suffered on the job. City of Hope said:

"It is important to note that the decision was not based on how our staff responded to the event, but instead found that COVID-related stress at Ms. Morris’s jobs at multiple medical centers caused or contributed to her sudden cardiac arrest. We respectfully disagree with that conclusion.”