PHOENIX (AZFamily) — A Valley family is suing Banner Health and Phoenix Obstetrics & Gynecology for medical negligence, claiming doctors failed to properly prepare for complications during a high-risk pregnancy delivery.
Mignonette Reyes was diagnosed with gestational diabetes. Her family attorney said the doctors who provided her with prenatal care were well aware of her heightened risks for giving birth, but did not do enough to prepare and protect them in the delivery room.
The Reyes Aguilar family is suing Phoenix Obstetrics and Gynecology, Banner Health and two doctors.(Reyes Aguilar family)
“The baby, unfortunately, got stuck in the birth canal and was there for around five minutes, which is too long,” said Adrian Vega, attorney for the Reyes Aguilar family.
Vega has handled many birth injury cases and said this should never have happened.
“It was completely preventable by a C-section and could have been planned for, but was not,” he said.
The lawsuit lists the defendants as Phoenix Obstetrics & Gynecology, Banner Health, Banner Thunderbird Medical Center, and Drs. Kimberly Diana-Brooks and Brent Brooks.
Reyes was induced at Banner Thunderbird Medical Center on Dec. 28, 2023.
“One of those risks, which occurred in this case, is what’s called fetal macrosomia,” Vega said.
The family knew the baby would be larger than the average newborn.
“The allegations are that the mother was given Pitocin, which increases contractions and makes them more forceful,” Vega said.
The baby’s heart rate dropped, not getting enough oxygen and blood to his brain and extremities.
“According to the records that we have, the doctor wasn’t notified for at least 40 minutes,” Vega said.
Family members say Baby Mercle’s disabilities could have been prevented.(Reyes Aguilar family)
During delivery, baby Mercle’s shoulder got stuck, and the suit claims it took five more minutes for another doctor to assist.
“Gestational diabetes is common and affects around 17% of all pregnancies worldwide,” Vega explained. He believes these complications were predictable, and there should have been a better birth plan in place.
Mercle needed immediate intubation, ventilation, and then surgery. He is almost 2 years old now, and the family said Mercle is struggling with developmental delays, respiratory issues and chronic pain.
“A day that should be celebrated where we’re welcoming a baby, to our planet, to this earth, should be a great moment for the entire family,” Vega said.
Banner Health released the following statement in response to the lawsuit:
“Patient safety and positive outcomes are our top priority. Banner Health does not publicly comment on individual patient cases for privacy reasons.”
Arizona’s Family also called Phoenix Obstetrics & Gynecology and left voicemails. The office has not responded.
Vega said none of the defendants have responded to the lawsuit yet.
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