A Utah judge recently awarded a Wyoming family nearly $1 billion, a record-setting amount for medical malpractice in the state. Parents Daniel McMicheal and Anyssa Zancanella sued a Salt Lake City hospital for a botched delivery that left their now five-year-old daughter Azaylee with serious disabilities. While the family is unlikely to receive the full amount, the award sends a message to hospitals and providers about negligent birth injuries and their consequences.
The Botched Delivery
McMicheal and Zancanella were on a short trip to Salt Lake City from their home in Rock Springs, Wyoming, when Zancanella went into labor on October 12, 2019. She was 39 weeks pregnant and had gotten approval from her physician to travel.
She went to the West Valley campus of the Jordan Valley Medical Center, owned by Steward Health Care. Network. According to reports, Zancanella considered driving the 2.5 hours home to her own physician, but was advised against it, so she stayed in Utah for her delivery.
Nurses administered Pitocin to Zancanella. Pitocin is a drug used to induce labor. The nurses had just finished their orientation and training and were inexperienced at monitoring fetal heart rate. According to the arguments the family’s lawyers made in court, the heart rate monitoring clearly showed that Azaylee was struggling and not getting enough oxygen.
While these mistakes were made, the physician on duty was sleeping. A more experienced charge nurse left Zancanella’s care in the hands of the less experienced nurses after a confrontation with Zancanella’s mother.
Ultimately, Zancanella was in labor for 36 hours. Although she finally underwent a c-section, it was significantly delayed, and Azaylee suffered brain damage in the meantime. According to the family’s lawyers, a reasonable standard of care was not provided.
Record-Setting Damages
Utah Third Judicial District Judge Patrick Corum heard the case against Steward Health Care and ordered the healthcare network to pay $951 million in damages. The family and their lawyers asked for less, but Corum believed the negligence and severity of harm caused to Azaylee warranted a higher amount.
Corum stated that the injuries were “horrific” and “foreseeable.” A reasonable health care professional should have provided a better standard of care that would have prevented the harm.
Utah caps noneconomic damages at $450,000, so the award could be reduced to closer to $500 million. However, Steward Health Care is in default, which means the cap may not apply. How much they will owe the family remains to be seen.
Lifelong Disabilities
After she was born, doctors diagnosed Azaylee with hypoxic ischemic encephalopathy and permanent brain damage. Now, years later, Azaylee has seizures, developmental disabilities, facial scarring, and mental health and mood challenges. She is nonverbal.
Zancanella and McMicheal hope to receive the damages to provide the best possible care for Azaylee. Her care will require lifelong medical needs, various types of therapy, and special education interventions.
The serious injuries Azaylee suffered have lifelong consequences and could have been avoided. Negligent health care institutions and professionals should be held accountable. The significant award in this case sends an important message that standards of care matter in health care.
