Family plans lawsuit against Mesa birthing center after tragic loss of their unborn baby
MESA, Ariz. - One local family is devastated at the loss of their child after 42 weeks of pregnancy.
Now their attorney is planning to file a lawsuit against the Mesa birthing center they hired.
It’s very important to stress that there are no criminal charges in this case and no lawsuit for this specific case yet.
However, an attorney representing the family says he plans to do that soon. He says that those who were responsible need to be held accountable.
Meanwhile, the birthing center is defending their practice and reputation with statistics.
Tragic loss of unborn baby
What we know:
Noelle and Dylan Zmrzel say they were excited to welcome baby boy James into the world in November 2023.
When looking at options to give birth, Noelle says Willow Birthing Center in Mesa stood out.
"I enjoyed the idea of a business, or health care run by women that’s exclusively serving women," said Noelle.
At 42 weeks she went into labor.
The couple says the delivery was not easy.
"She was in a lot of pain," said Dylan. "We were like, ‘so, should we just go to the hospital and get something to mitigate the pain?’ and the midwife was very dismissive of it saying, ’no, this is normal, everything is fine.'"
As the hours went on, the Zmrzel's said they realized everything was not fine.
Eventually, Noelle was rushed to the hospital.
After a 36-plus hour labor and an attempted delivery at Willow, baby James died at Banner Desert.
Why you should care:
"There’s nothing worse than that," said Dylan.
"This is a tremendous tragedy and it’s something that’s completely preventable," said John Kelly of the Kelly Law Team.
Preventable, says Kelly, because of how far along Noelle was in her pregnancy.
"These midwives know very much that at 42 weeks of pregnancy, it’s too long, they have to transfer them to the hospital at that point," he said.
It’s a stance that Willow refutes.
What they're saying:
In a statement to FOX 10, a representative noted that the cutoff week to deliver a baby at a birth center is 42 weeks.
Full statement:
The Willow Midwife Center for Birth and Wellness is Arizona’s first accredited midwife-owned birth center. It holds accreditation from AABC, the nation’s highest standard in birth center safety and regulation, and it is run by two Certified Nurse-Midwives (CNM) with doctorates in their field. While no birth setting is risk-free, birth centers have safety rates comparable to rates of hospitals, and safety improves even further when birth centers are integrated into emergency services with seamless transfer for patients who need advanced or specialized care.
1. Response to claims that WIllow should have recommended a transfer to the hospital to save the life of the child whose mom was 42 weeks pregnant in November of 2023.We cannot comment on specific cases or outcomes, but from 36-42 weeks in pregnancy, patients can give birth at birth centers. The cut-off week to deliver a baby at a birth center is at late-term pregnancy (42 weeks). Willow proudly holds accreditation from The Commission for the Accreditation of Birth Centers (CABC), the nation’s highest standard in birth center safety and regulation. Once at late-term pregnancy, patients are always offered to be transferred to a hospital for medical induction, but it is up to the client. This is all reported to the Arizona State Nursing Board.
2. Response to claims that not doing so was grossly negligent as expectant mothers need to be sent to the hospital at 42 weeks and not be treated by midwives.Due to HIPAA laws, we cannot talk about specific cases or outcomes, but we do want to share that Willow is run by two Certified Nurse-Midwives with doctorates in their field. State records show our facilities and staff receive among the highest scores in the state consistently, and we follow all policies and procedures.
3. Responses to claims that The Arizona State Board of Nursing is conducting an investigation into the involved Certified Nurse-Midwifes who are regulated by that agency.We cannot comment on ongoing investigations due to HIPAA laws, but we wholeheartedly welcome peer professional investigation from the Arizona State Board of Nursing.
4. Responses to claims that Mesa Fire Department station maintains a file for "Willow Calls." This indicates to the department that a newborn was going to be in medical distress.Willow proudly calls our community partners, including the Mesa Fire Department, as needed for our clients to be transferred to a specialized level of care.
5. Responses to claims that 8 newborns brought to Banner Desert in 2022, 2 of them died.We stand by any mother who experiences the loss of a baby and join them in their grief. Due to HIPAA laws, we cannot talk about specific cases or outcomes. While no birth setting is risk-free, studies show that birth centers have safety rates comparable to rates of hospitals. Safety improves even further when birth centers are integrated into emergency services with seamless hospital transfer for patients who need advanced or specialized care. In 2023, Willow had a transfer rate of 13%, which includes the number of transfers for the mothers before, during, and after labor. Willow’s 2023 transfer rate was below the national average of 15.8%, and Willow’s NICU admission rate is impressive at less than 1%.
6. Responses to claims that the above incidents suggest Willow Birthing Center has a "grossly incompetent record" and deserves "immediate attention of regulators".As to regulatory agencies and oversight of the facility, as state records show, our facilities and staff receive among the highest scores in the state consistently, and we follow all policies and procedures regarding reporting and any other requirements. We encourage you to go to the Department of Health Services and Arizona State Nursing Board for public records. We welcome all regulatory agencies to conduct frequent investigations of Willow. Willow has recently been evaluated with no deficiencies found.
Willow also noted that it holds accreditation from "the nation’s highest standard in birth center safety and regulation" and is "run by two certified nurse-midwives with doctorates in their field."
At least one other wrongful death lawsuit was brought against Willow.
A complaint filed describes another attempted delivery at the facility in June of 2023.
Mesa Police paperwork listing names that match those listed in the wrongful death complaint describes a call for a child not breathing.
The officer wrote that upon arrival at the hospital a nurse made a comment about how Willow was known by the NICU staff.
Noting that throughout the year, about five to 6 neonatal patients would arrive in critical care.
The officer also wrote that a physician said in 2022 they had received about eight newborn patients and that two or three died.
The other side:
In response, Willow told FOX 10 it had a transfer rate of 13%, below the national average of 15.8%, and that Willow’s NICU admission was less than 1%.
The previous lawsuit was settled just weeks ago according to an attorney’s website, but now Kelly says he plans to soon file another.
"We don’t have all the information yet, but what we do have thus far shows us that there was clear negligence, that it should have never happened, and that the baby should have been transferred much sooner." said Kelly.
As for the Zmrzel’s, they say accountability is important.
"They get to keep on living their days, but we live the consequences," said Zmrzel. "We feel it was preventable. Every day we have to think about what has happened."
Dig deeper:
Fox 10 also viewed statement of deficiency documents from the Arizona Department of Health Services.
It said allegations surrounding midwives listed on Willow’s website were verified by evidence.
Those midwives now have an opportunity to respond.