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…medicalmalpracticelawyers.com, $31.5 Million Arizona Birth Injury Medical Malpractice Verdict, Dec 2023
The Arizona medical malpractice lawsuit was filed in April 2020. 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.
The verdict is reportedly the largest medical malpractice verdict in Arizona.