On November 17, 2023, an Arizona medical malpractice jury in Maricopa County returned its verdict in excess of $31.5 million in a birth injury medical malpractice lawsuit that alleged that University Medical Center, which is operated by Banner Health, repeatedly administered Pitocin to a woman in labor to strengthen and lengthen her contractions, despite the baby showing signs of fetal distress for which the standard of care required that an immediate emergency Cesarean section delivery be performed.
As a result of the labor and delivery medical malpractice that occurred in 2014, the child suffered a severe, permanent brain injury caused by being deprived of oxygen during delivery, which resulted in the child developing cerebral palsy. The now 9-year-old boy cannot dress himself or walk by himself.
The Arizona medical malpractice lawsuit was filed in April 2020, and the first day of trial was on October 23, 2023. Banner Health reportedly claimed that the fetal heart monitoring tracing strips were simply “lost” during a data migration and therefore could not be provided. Banner Health argued that the mother could not prove her case of medical negligence at trial without the fetal heart monitoring strips. However, the onus was on Banner Health to properly store and archive the fetal heart monitoring records.
Banner Health argued at trial that the child’s condition was caused by unrelated pre-existing neurological issues.
The Arizona birth injury medical malpractice jury determined that Banner Health was 57% liable and that one of the mother’s physicians, who settled prior to trial, was 43% liable for the damages verdict.
Because the Arizona birth injury medical malpractice jury awarded more than the $7 million statutory pre-trial settlement demand, an additional $2 million in fees and costs are added to the jury’s verdict.
One of the plaintiffs’ medical malpractice lawyers stated after the verdict: “The defendant insurance companies, particular in medical malpractice cases, have been successful in convincing the lawyers that juries will not award substantial damages in Arizona like they do in other states. I think we proved that wrong and now the plaintiffs lawyers will be demanding more money on their cases and raising the bar for everyone.” Another of the plaintiffs’ lawyers stated: “I expect hospitals will now begin to implement systems to enforce rules on stopping Pitocin when heart tracings become non-reassuring.”
The verdict is reportedly the largest medical malpractice verdict in Arizona.
The Arizona medical malpractice case is captioned Griepentrog v. Banner Health, case number CV2020-052367, Maricopa County Superior Court, Arizona.
If you or a loved one have been injured as a result of medical malpractice in Arizona or in another U.S. state, you should promptly find an Arizona medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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