People enter and exit Mount Sinai Hospital in the Manhattan borough of New York August 4, 2014. © REUTERS/Carlo Allegri
(New York, NY) – The largest nurses’ strike in years continues for New York City, with a fight over pay, benefits, and protections against workplace violence putting several hospitals in flux. Thousands of replacement nurses are being brought in, allowing operations to continue. This is ongoing at Montefiore, New York Presbyterian, and Mount Sinai — which experienced the tragic loss of a newborn in 2023, during a similar nurses’ strike.
At 77 WABC we were contacted by two attorneys — Joseph Ciaccio of Napoli Shkolnik — and Kardon Stolzman — who have been working on a case surrounding the death of Noah Kingsley Morton. He died at just four months of age, at Mount Sinai Hospital, while a major nurses strike was underway.
During our interview with both attorneys, it was alleged that Noah Morton’s death was preventable. An IV line failed, or began to leak, resulting in the need for the emergency insertion of a PICC line. The first effort to insert the line via Noah’s femoral artery failed, so technicians had to use his armpit. Tragically, that effort punctured the child’s lung and he died. But Noah’s parents say they weren’t told about that version of events, but rather Mount Sinai said he “died of natural causes.”
Noah’s estate, as represented by the attorneys, allege that investigative reporting surrounding what happened during the nurses’ strike uncovered the truth. Minus that reporting, they wouldn’t have known about the issue with the IV line potentially being the true cause of death.
The implications for the current nurse’s strike are obvious. Are replacement nurses overworked and overburdened in their attempts to “fill the gap” with existing nurses on strike? Do the replacement nurses have the same level of expertise and experience when it comes to the job? Or, are patients experiencing a diminished level of care when seeking treatment at hospitals during a nurses’ strike?
With replacement nurses being brought in, the hospitals in question have said they can continue receiving patients as they normally would. Governor Kathy Hochul has been taking steps to help hospitals bring in temporary, replacement nurses. Yet the question remains for parents and family members, as well as patients themselves — how much of a drop off in quality is expected?
Both the attorneys we spoke with sounded sympathetic toward the striking nurses, arguing that past agreements (including during the 2023 nurses’ strike) should have led to certain pay increases. Yet it’s also well established that hospitals face razor-thin profit margins and ongoing struggles with the cost of malpractice insurance — and battles with insurance companies when seeking payment for services rendered. Montefiore Hospital system has said the nurses’ union has put forth “reckless” demands for 40% pay increases — a claim that’s hard to dispute for anyone in the working world. Jacking your pay up by almost half via a strike seems extreme to most employees.
Still, regardless of how anyone might feel about the ongoing strike and union negotiations, Noah Morton’s death and his parents’ anguish cannot be denied. Patients are likely wondering — even before knowing of that incident — whether they’re at risk during a nurses’ strike. The core claim is that Noah’s death was entirely preventable and resulted from the hospital prioritizing profits over patient safety during the strike.
We’ve summarized some of what’s alleged in the complaint, as filed in a lawsuit:
- Inadequate staffing and preparation — The striking experienced NICU nurses were replaced with temporary or travel nurses who allegedly had little to no NICU experience or qualifications for such a high-level (Level IV) critical care unit.
- Failure to transfer fragile patients like Noah to better-prepared facilities (some other babies were transferred).
- Missed signs of deterioration — Noah’s condition worsened noticeably in the days/hours leading up to his death, but these “obvious signs” were allegedly missed due to understaffing, poor communication, and stretched resources.
- Negligent procedure — The IV/line insertion attempt was performed below the standard of care (e.g., without proper fluoroscopic guidance, allegedly resulting in a lung puncture).
- Systemic issues — The complaint cites hospital insider statements (reported in media like NBC New York) admitting the facility was “spread thin,” that better preparation could have prevented the death, and that senior leadership placed “profit before patients.” It also references post-strike arbitrator findings and fines against Mount Sinai for chronic NICU understaffing (totaling millions in penalties by 2024), a state Office of Professional Medical Conduct investigation (prompted by staff complaints), and the hospital’s internal “Root Cause Analysis” which reportedly determined the standard of care was not met.
The strike ended just hours after Noah’s death, with a new labor agreement promising improved staffing.
The lawsuit continues with multiple claims:
- Medical malpractice — Negligent care, failure to timely diagnose/treat deterioration, and departure from accepted standards.
- Lack of informed consent — Failure to properly inform guardians of risks/alternatives.
- Vicarious liability — Hospital liable for its employees/agents’ actions, plus alleged failure to properly vet/credential staff.
- Punitive damages (against the hospital only) — Alleging reckless, wanton, and grossly negligent conduct with disregard for patient safety (e.g., chronic understaffing in violation of law).
- Wrongful death — Resulting from negligence, with claims for funeral/medical expenses and damages.
- Parental claim — Mother deprived of her son’s support/services.
Noah’s estate seeks damages that exceed lower court jurisdictional limits, including what may be paid out for pain/suffering, economic losses, and punitive awards. As such, a trial has been demanded. This filing (as amended in 2025) follows media coverage, prior investigations into the 2023 incident, and ongoing grief from Noah’s family. Note that these are allegations in a civil complaint. The defendants have not yet been proven liable in court. But 77 WABC feels the incident highlights broader concerns about hospital staffing during labor disputes.
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