Professional Negligence Law Reporter

Krystle Griepentrog was admitted to Banner-University Medical Center Phoenix to deliver her child. She was administered Pitocin and delivered her son vaginally after 16 hours of labor. His Apgar scores were one at one and five minutes, and he was subsequently diagnosed as having suffered a hypoxic-ischemic birth injury. Now 9, he suffers from cerebral palsy and has limited use of his legs.

Griepentrog, on behalf of her son, sued Banner Health, alleging failure to order a timely cesarean section in light of variable, late, and prolonged decelerations on the fetal heart monitor. The plaintiff asserted that Banner Health’s hospital safety policy on Pitocin required nurses to turn off the Pitocin when these abnormalities occurred.

The hospital argued that the treating physician was the “captain of the ship” and that the hospital had done nothing wrong.

The jury awarded more than $31.5 million, apportioning fault at 57% to Banner Health and 43% to a physician who was not a party to the case at the time of trial.

Citation: Griepentrog v. Banner Health, No. CV2020-052367 (Ariz. Super. Ct. Maricopa Cnty. Nov. 17, 2023).

Plaintiff counsel: AAJ member Brian A. Snyder, Scottsdale, Ariz.; and AAJ members Christopher V. Bulone and Gary Dordick, both of Beverly Hills, Calif.