In a landmark case, a Maricopa County jury has determined that the actions of Banner Health and one of its doctors resulted in severe brain damage to a boy during delivery, leading to the largest medical malpractice award in Arizona's history.
The plaintiff was granted approximately $31.5 million, marking a significant legal victory. The lawsuit, initiated in April 2020, alleged negligence during the delivery of the plaintiff's son, causing insufficient oxygen supply and subsequent cerebral palsy. Banner Health and its employee doctor were found negligent, with the jury determining that the health provider had 33 warning signs of the oxygen deprivation but failed to take appropriate action.
The plaintiff's legal team argued that Banner Health acknowledged in the trial that the drugs administered during delivery would intensify contractions, prolong them, and deprive the baby of oxygen, but they neglected to address the issue.
The trial, which commenced on October 23, 2023, highlighted Banner Health's claim that fetal heart monitoring records were "lost" during a data migration. The plaintiff struggled to prove her case due to the alleged loss. However, an expert contested this, stating that Banner Health is legally obligated to maintain all medical records, making the claim implausible.
The jury assigned 57% responsibility to Banner Health and 43% to the operating doctor. Banner Health, in response to the verdict, expressed disagreement and stated they are exploring options, including a possible appeal.
The plaintiff, hopeful that the awarded funds will aid in addressing the challenges associated with raising a child with cerebral palsy, emphasized the need for various accommodations, from a robotic walking device to an accessible vehicle and trained caregivers. She plans to share the details of the case with her son when he is older, ensuring he understands the circumstances surrounding the legal proceedings and the significance of the verdict.
