A judge in Utah recently awarded nearly $1 billion, marking one of the largest family compensation awards in the state’s history, to a family citing lifelong disability issues stemming from inadequate hospital care during childbirth.
In early August, Judge Patrick Colm granted $951 million to Anyssa Zancanella, her partner Danniel McMicheal, and their five-year-old daughter, Azaylee. This decision followed a ruling in relation to a botched delivery that occurred in West Valley City, Utah, on October 14, 2019.
The nurse assigned to Zancanella at Jordan Valley Medical Center was rather inexperienced, having recently completed her training. While Zancanella was in labor, the nurse allegedly administered a harmful dose of medication meant to induce labor.
Sadly, Azaylee was not born until over a day later, after a lengthy C-section procedure, which formed the basis of the family’s lawsuit.
In a statement from the ruling, the judge expressed, “It would have been safer to give birth in a gas station restroom or a shed in Africa than in this hospital. This was arguably the most perilous place for a delivery.” He further commented on the profound difficulties faced by Azaylee, indicating that the potential within her had been trapped due to brain damage.
This award is highlighted as the largest in Utah’s history, according to family lawyers who cited the Salt Lake Tribune in their reports.
However, the family now faces complexities related to recovering this monumental award from a hospital chain that is currently in financial distress. Zancanella’s legal team is pursuing punitive damages against the hospital owners as a means to secure compensation.
Zancanella and McMicheal were vacationing in Salt Lake City from their home in Wyoming when Zancanella was unexpectedly required to give birth at a local hospital on October 12, 2019.
Compounding the problems, nurses who had only recently finished their training allegedly administered excessive amounts of the drug Pitocin, despite worrying signs like rising blood pressure. When the on-call doctor was alerted to the situation, he reportedly chose to return to sleep instead of taking immediate action.
Upon her eventual delivery via C-section, Azaylee was found with significant swelling and bruising. She had to be flown to intensive care at another hospital due to complications, including low oxygen during labor.
Currently, Azaylee requires constant care for severe seizures. She is mostly nonverbal and lacks the typical cognitive functions expected for her age. It is believed that she might never achieve independence, like driving or attending college.
The family’s life has dramatically changed; they must sleep in a large bed to be close to Azaylee during her seizures and carry supplemental oxygen everywhere. They’re also considering getting a service dog to help monitor her condition.
Azaylee receives both physical and occupational therapy but can only manage a few hours in kindergarten each day.
“We stole her life. All of us. We took her from herself,” Zancanella emotionally shared during a three-day court session. “I know my daughter is present, but she feels trapped, and that’s a constant thought for me.”
Despite the claims, Steward Health Care has rejected the allegations and liability in court documents from May 2024. Later that year, the attorney requested to withdraw from the case, citing payment issues and difficulties in contacting the hospital. The judge granted this request, but the hospital did not appoint a new attorney.
Two years ago, the facility was rebranded as Holy Cross Hospital-West Valley after being purchased by Commonspirit Health. Attempts to reach comment from Steward and other involved medical personnel went unanswered.
