In July, Snyder & Wenner filed a wrongful death lawsuit against Willow Birth & Wellness Center alleging the facility’s negligence caused the baby’s death a few days after birth. Willow refused an offer to settle the case prior to trial, and also refused to settle the case after the case was filed. The nurse midwife who delivered the baby testified at deposition that she did not know what the baby’s heart rate was for the final 18 minutes prior to delivery. She further testified that after the baby was born (and transported to the hospital for emergency, life-saving intervention), she went into the electronic medical record and changed information! She did not know what she changed, and did not keep copies of any of the original records.
Following the depositions, Willow Birth Center settled the case for its insurance policy limits. Attorney Brian Snyder, who filed the lawsuit and litigated the case, was happy with the outcome: “While this settlement does not change what happened to this precious baby, the resolution does provide closure to a grieving family. From this case, they were able to not only discover what happened to cause their baby’s death, but also hold Willow accountable for its conduct.”
With Arizona’s historically bad healthcare system, birth injuries and wrongful death cases are becoming more and more commonplace. Without families having the guts and fortitude to take on the system, these needless deaths and life-changing injuries will continue to occur.
