Former coroner's investigator accepts $3M award

A former coroner's office investigator has accepted a reduction of less than half of a jury's award of $8.4 million in her whistleblower lawsuit against Los Angeles County.

Her suit says she was forced into early retirement in 2017 in retaliation for raising suspicions about the death of an 8-year-old disabled boy.

Lawyers for plaintiff 59-year-old Denise Bertone filed court papers on Tuesday with Los Angeles Superior Court Judge Robert S. Draper saying their client has agreed to an award of $3 million with interest.

On June 21, the judge denied a motion by county lawyers to grant a retrial of Bertone's entire case. However, the judge did find that the amount of damages was excessive and he gave her until Aug. 31 to decide whether to take less money or go through a partial retrial.

On Dec. 17, a jury deliberated for less than a day before finding in favor of Bertone, who also is a registered nurse. She was hired in 2002 and for years investigated the deaths of infants and children, according to her lawsuit filed in November 2018.

Lawyers for the county denied that Bertone was subjected to retaliation and argued that all actions taken regarding her employment were for legitimate, non-discriminatory reasons.

According to the suit, the coroner's office received a case in 2013 involving an 8-year-old disabled boy who was in a coma after being found head-first and submerged in water and clothing in a top-loader washing machine.

The boy was taken to a hospital, where the nonprofit organ and tissue harvesting company One Legacy obtained permission to have his organs harvested for donation after his death, the suit stated.

But when the boy kept breathing after being taken off of a ventilator, the attending physician gave him a large dose of fentanyl, a synthetic opiod used to treat severe pain, as a “comfort measure” that instead caused cardiac arrest and the boy subsequently died, the suit stated. One Legacy then harvested his organs, the suit stated.

Bertone investigated the boy's death

and told her supervisors she believed he died of a fentanyl overdose, but her office nonetheless wrote on the death certificate that the cause of death was suffocation caused by submersion in water, according to the suit.

Bertone went on a medical leave in April 2014 and when she returned nine months later, she was not assigned to her previous position, which she believed was a backlash for her speaking out about the boy's death, the suit stated. In December 2016 her office changed the cause of the boy's death to consequences from a fentanyl overdose, according to the suit.

As a result of not being returned to her previous position, Bertone lost overtime-pay opportunities, a car to take home and the ability to promote within the agency, according to the suit.

Bertone was forced into early retirement due to “intolerable working conditions,” the suit stated.