Birth Injury: Vacuum Extraction Complications 

What Are Vacuum Extractors?

Vacuum extractors are devices used to assist during birth. In the United States, they’re used in approximately 2.5% of all vaginal births, a figure that does not include cesarean sections. It has a suction cup that attaches to the baby’s head. Extractors can have soft cups or metal cups. The vacuum extractor uses suction to help the baby move through the birth canal until delivered.

Why Are Vacuum Extractors Used During Some Deliveries?

Some mothers are fortunate, and their labor progresses quickly until delivery. However, some face complications during delivery, which may result in using a vacuum extractor.

Prolonged Labor 

When an individual experiences prolonged labor, their OB-GYN may use a vacuum extractor. Most first-time mothers deliver after 12 to 24 hours of labor. In comparison, mothers who’ve given birth before typically deliver after eight to ten hours of labor. When labor exceeds 20 hours for someone who’s given birth before or 25 hours for a first-time mother, it’s prolonged.

Prolonged labor poses risks to the mother and infant. Some of the health risks from prolonged labor include the following:

• Need for an alternate delivery method
• Infection
• Pelvic organ prolapse
• Incontinence
• Postpartum hemorrhage

The need for a different delivery method arises because the mother stops dilating during prolonged labor or the newborn stops progressing through the birth canal. OBGYNs may need to use forceps, vacuum extraction, or a cesarean section to deliver the child in these circumstances.

Fetal Distress

The delivery team monitors the baby’s heart rate during labor. They take action if the heart rate slows, indicating oxygen deprivation. Oxygen deprivation poses the risk of, in some cases, fetal distress and can prompt doctors to use vacuum extractors or forceps to expedite delivery.

Inability To Push

Labor and delivery can be exhausting, and when an expectant mother’s labor exceeds the typical number of hours, they may not have enough energy to continue pushing. The delivery team may need to intervene to deliver the newborn. Typically, the delivery team uses forceps or a vacuum extractor to deliver the newborn.

What Causes Vacuum Extraction Injuries? 

Some vacuum extraction injuries stem from the device. Soft cup vacuum extractors are less likely to cause scalp injuries. Still, metal cup vacuum extractors are less likely to detach during delivery. 

Doctors may make errors, causing newborns to suffer vacuum extraction injuries. Some errors include the following:

• The doctor uses excessive force during extraction
• The doctor twists the newborn’s head or neck too much
• The doctor incorrectly places the suction cup on the infant’s head
• The doctor uses a vacuum extractor with the wrong cup size
• The doctor uses the vacuum extractor while failing to identify the need for a cesarean section

Injuries Associated With Vacuum Extractors

Newborns may suffer severe or minor injuries from vacuum extraction complications, including the following:

• Bilirubin encephalopathy
• Blindness
• Brachial plexus injuries
• Brain bleeds
• Bruised head or brain
• Cerebral palsy
• Facial nerve palsy
• Hearing loss
• Jaundice
• Lacerations
• Misshaped head
• Paralysis
• Scalp lacerations
• Skull fractures
• Stroke

Mothers may also suffer vacuum extraction complications, such as the following:

• Anemia
• Blood clots
• Incontinence
• Infection
• Pelvic pain
• Vaginal tears

When Is Using a Vacuum Extractor Considered Medical Malpractice?

Florida recognizes the distinction between medical negligence and medical malpractice. Both medical negligence and malpractice are grounds for a birth injury claim.

Medical negligence stems from actions taken or not taken by one or more persons on the delivery team that cause harm. These negligence actions or inactions do not stem from a deliberate intent to harm. Suppose a doctor uses a vacuum extractor and doesn’t realize they used too much force. Although they did not mean to harm your newborn, their mistake did cause harm and is grounds for a medical negligence claim.

Medical malpractice involves intent and awareness. Suppose the doctor assesses your baby’s heart rate and identifies indicators that you should have an emergency cesarean section. Instead, the doctor opts to use a vacuum extractor, and you or your baby suffer severe injuries. In this scenario, you have grounds for a medical malpractice claim because the doctor did not take appropriate steps to resolve evidence of symptoms that indicated they should provide a different treatment.

What Damages Can Be Recovered in a Vacuum Extractor Case?

All Florida birth injury victims can seek economic and non-economic damages through a medical negligence or malpractice claim. Economic damages cover provable expenses, such as the following:

• Burial expenses
• Childcare costs
• Funeral expenses
• Lost income
• Medical bills
• Moving costs
• Personal care costs
• Transportation costs

You can seek reimbursement for any bill stemming from your newborn’s birth injury. Suppose your infant suffers paralysis from a vacuum extraction injury. You live in an upstairs apartment only accessible by stairs. You can claim relocation costs because you need to live in a place that’s wheelchair accessible. 

Non-economic damages don’t come with price tags. These damages provide compensation for the emotional and mental strain from your child’s birth injury. Non-economic damages are justified compensation for the following:

• Anxiety
• Depression
• Grief
• Loss of intimacy
• Pain and suffering
• Trauma

Some birth injury victims may also seek punitive damages. As the name implies, punitive damages punish the at-fault party for gross negligence. Gross negligence applies when someone knows there’s a high probability their action (or inaction) could severely harm someone.

What Should I Do if I Suspect My Child Was Injured by Vacuum Extractor Use?

It’s natural to be scared and stressed if your child’s suffering from a potential birth injury. You may benefit from talking to a medical malpractice attorney immediately so you can verify the steps you should take.

If you’re unsure about a potential claim, taking the following steps will help:

• Collect all medical records related to the potential injury
• Note the names of all medical staff present during the birth
• Make a list of any witnesses present during the suspected injury
• Document your child’s symptoms

Once you have this information, contact a medical malpractice attorney. You’re entitled to a free consultation to get a legal assessment of your potential claim without financial risk.

How Can a Medical Malpractice Lawyer Help Me?

The thought of suing a hospital or medical professional may be overwhelming for anyone without a legal background. Medical malpractice claims are complex, and proving medical malpractice or negligence may involve deposing witnesses and subpoenaing staff and hospital records. You must also complete the appropriate legal paperwork correctly, file that paperwork with the courts before the statute of limitations expires, and serve the defendants.

It’s hard to complete these steps under normal circumstances. However, when you’re coping with an injured newborn, your time and energy are consumed by their needs.

Hiring a medical malpractice attorney ensures you have an experienced legal advocate preparing your claim. Your lawyer will collect evidence and prepare the required paperwork. Your lawyer will take all required steps to ensure your case progresses and will inform you of any developments. You can have confidence your legal case is proceeding while devoting your time and attention to your family’s needs. 

Call Bernstein & Maryanoff Injury Attorneys for a Free Legal Consultation

Bernstein & Maryanoff Injury Attorneys is here to help with your Miami medical malpractice case. Our legal team will handle the legal paperwork while gathering evidence to support your claim. We’ll help you determine how much to seek in damages, and we’ll lead settlement negotiations, fighting to get you fair compensation for your newborn’s birth injury as soon as possible. 

Bernstein & Maryanoff Injury Attorneys works on a contingency fee basis, which means you do not need to come up with funds to pay legal fees. 

Sources:

Birth injury statistics. (2023).

Fetal Distress. (2022). 

Prolonged Labor (Failure to Progress). (2023).

Vacuum Extraction Delivery. (2022).