Officials with Arizona's largest health care system say they "strongly disagree" with a $31.5 million verdict that faulted them over a lawsuit's claims that a birth injury left a Chandler boy with cerebral palsy.
Under terms of the Maricopa County jury's verdict, reached Nov. 17 after a 16-day trial, 9-year-old Greyson Griepentrog will receive nearly $20 million from Phoenix-based Banner Health, which is Arizona's largest health care provider.
"We are reviewing our options at this time, including the filing of post-trial motions and an appeal," a statement from Banner says. "We strongly disagree with the verdict."
The lawsuit says that Greyson suffered a brain injury around the time of his birth on June 1, 2014, at what's now known as Banner-University Medical Center Phoenix due to decreased oxygen, which caused cerebral palsy. The cerebral palsy limits Greyson's ability to walk and necessitates ongoing physical therapy and other intensive health care services, his family says.
The jury found Banner Health 57% at fault and assigned 43% of the blame to Dr. Laurie Erickson, who was dismissed as a defendant in the case five days before it went to trial. Since she was no longer a party when the verdict was reached, Erickson won't have to pay her portion.
Banner's share of the verdict works out to $17.9 million. Plus, Banner had to pay an additional $2 million in sanctions because the verdict was higher than the plaintiff's original offer to settle for $7 million, Greyson's attorney Brian Snyder said. Banner officials this week confirmed with The Arizona Republic that its share of what is owed from the verdict works out to about $20 million.
Banner denied responsibility for Greyson's health problems throughout the case, as did Erickson, and Snyder said Banner never made an effort to settle, which left no option except going to trial.
Use of the drug Pitocin to induce labor was a key issue, lawyer says
Snyder had argued that nurses at Banner Health failed to follow the health system's policy on the use of the drug Pitocin, which is administered to induce labor.
Pitocin works by causing the uterus to contract, and it has been cited in several other jury awards around the country involving children with cerebral palsy. Lawyers have argued that if it's not used correctly, Pitocin can cause strong uterine contractions that deprive babies of oxygen.
"No nurse in this case, no doctor who treated Krystle or Greyson, none of them wanted this to happen. None of them intentionally caused this. None of them are bad people," Snyder said. "If this hospital had just taught its nurses to follow their policy and if they made sure that the nurses were following their policies, none of this would have happened."