![\"The](\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/11\/NKYPXF43ZNDP3ARD6RXELVNULA.png\")
The Reyes Aguilar family is suing Phoenix Obstetrics and Gynecology, Banner Health and two doctors.(Reyes Aguilar family)<\/p>\nPHOENIX (AZFamily)<\/b> \u2014 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.<\/p>\n
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.<\/p>\n
The Reyes Aguilar family is suing Phoenix Obstetrics and Gynecology, Banner Health and two doctors.(Reyes Aguilar family)<\/p>\n
\u201cThe baby, unfortunately, got stuck in the birth canal and was there for around five minutes, which is too long,\u201d said Adrian Vega, attorney<\/a> for the Reyes Aguilar family.<\/p>\n Vega has handled many birth injury cases and said this should never have happened.<\/p>\n \u201cIt was completely preventable by a C-section and could have been planned for, but was not,\u201d he said.<\/p>\n The lawsuit lists the defendants as Phoenix Obstetrics & Gynecology, Banner Health, Banner Thunderbird Medical Center, and Drs. Kimberly Diana-Brooks and Brent Brooks.<\/p>\n Reyes was induced at Banner Thunderbird Medical Center<\/a> on Dec. 28, 2023.<\/p>\n \u201cOne of those risks, which occurred in this case, is what\u2019s called fetal macrosomia,\u201d Vega said.<\/p>\n The family knew the baby would be larger than the average newborn.<\/p>\n \u201cThe allegations are that the mother was given Pitocin, which increases contractions and makes them more forceful,\u201d Vega said.<\/p>\n The baby\u2019s heart rate dropped, not getting enough oxygen and blood to his brain and extremities.<\/p>\n \u201cAccording to the records that we have, the doctor wasn\u2019t notified for at least 40 minutes,\u201d Vega said.<\/p>\n During delivery, baby Mercle\u2019s shoulder got stuck, and the suit claims it took five more minutes for another doctor to assist.<\/p>\n \u201cGestational diabetes is common and affects around 17% of all pregnancies worldwide,\u201d Vega explained. He believes these complications were predictable, and there should have been a better birth plan in place.<\/p>\n 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.<\/p>\n \u201cA day that should be celebrated where we\u2019re welcoming a baby, to our planet, to this earth, should be a great moment for the entire family,\u201d Vega said.<\/p>\n Banner Health released the following statement in response to the lawsuit:<\/p>\n \u201cPatient safety and positive outcomes are our top priority. Banner Health does not publicly comment on individual patient cases for privacy reasons.\u201d<\/p>\n Arizona\u2019s Family also called Phoenix Obstetrics & Gynecology and left voicemails. The office has not responded.<\/p>\n Vega said none of the defendants have responded to the lawsuit yet.<\/p>\n See a spelling or grammatical error in our story? Please click here to report it<\/a>.<\/p>\n![\"Family](\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/11\/3JP5QX2KSNF65GFIUWUNFYC5PY.png\")
Family members say Baby Mercle’s disabilities could have been prevented.(Reyes Aguilar family)<\/p>\n