Vacuum Extraction Lawsuit

Quick Answer

Vacuum extraction errors can cause serious injuries like brain and nerve damage, skull fractures, and even infant death. Families impacted by improper use of this device may be entitled to compensation from a vacuum extraction lawsuit. Holding negligent providers accountable can help cover medical costs while getting justice for preventable harm. Get a free case review now.

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What Are Vacuum Extraction Birth Injury Lawsuits?

A vacuum extraction lawsuit is a personal injury claim that allows families to seek compensation when improper use of vacuum extractors causes harm.

Babies can suffer conditions like brain damage, nerve damage, or even cerebral palsy (CP) due to misuse of vacuum extractors.

Families may be able to file medical malpractice claims to seek costs related to treatment. A vacuum extraction lawsuit can also hold the at-fault health care providers accountable.

In 2024, a Connecticut family filed a vacuum extraction lawsuit, claiming a doctor used a vacuum 15 times during delivery, causing their day-old infant’s death from a massive hemorrhage.

If medical errors are responsible for your child’s condition, a vacuum extraction injury lawyer can help you build a strong case and fight for the compensation your family deserves.

The experienced attorneys in our network have helped families nationwide recover over $962 million, including for vacuum extraction birth injury lawsuits.

Find out if they can help your family — get a free case review right now.

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Vacuum Extraction Malpractice Lawsuit Compensation

Payouts from vacuum extraction birth injury lawsuits depend on the severity of the baby’s condition and the level of care they received.

Cases of severe harm or clear misuse of the device can result in $1 million-plus vacuum extraction lawsuit settlements.

Reported vacuum extraction lawsuit compensation amounts include:
  • $8 million in Colorado for permanent brain damage and bleeding inside the skull
  • $5 million for a Massachusetts family for hypoxic-ischemic encephalopathy (HIE)
  • $1.1 million to a Michigan family for CP after multiple vacuum extraction attempts
  • $2.4 million in Washington due to brain damage caused by improper vacuum use
  • $4 million in Colorado for improperly placed vacuum extractors causing brain injury

Your family may be entitled to similar compensation if your child’s condition was caused by negligence.

Get a free consultation with an experienced legal professional to see how much you could receive from a vacuum extraction lawsuit.

Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if we can connect you with a top vacuum extraction lawyer near you.

When Is a Vacuum Extraction Considered Malpractice?

Vacuum extraction may be considered medical malpractice when obstetricians fail to use the device correctly or do not follow proper procedures, leading to preventable complications.

This includes errors like applying excessive suction, improper placement of the suction cup, or continuing to use the vacuum despite signs that the procedure is unsafe.

These situations could be considered vacuum extraction malpractice:
  • Applying excessive force during vacuum extraction, leading to brain injuries or nerve damage, like Erb’s palsy
  • Delaying a cesarean section (C-section) if the vacuum extraction doesn’t work or isn’t safe can worsen the injuries caused
  • Detaching and reapplying the suction cup repeatedly, increasing the risk of subgaleal hemorrhage (bleeding under the scalp) due to damage to the veins
  • Failing to recognize fetal distress and continuing vacuum extraction when it is unsafe.
  • Ignoring warning signs, like detachment of the suction cup, or signs of trauma, like scalp swelling, can cause complications
  • Misjudging the baby’s position, resulting in improper placement of the suction cup and injuries like facial nerve damage or skull fractures
  • Mismanaging conditions such as shoulder dystocia, leading to inappropriate or delayed interventions
  • Using the vacuum extractor inappropriately or delaying its use, resulting in oxygen deprivation or cerebral palsy

Compensation from a medical malpractice lawsuit can help families cover medical costs and provide the best possible care for their child.

If you believe your baby’s vacuum extraction birth injury may be the result of medical negligence, an experienced personal injury attorney may be able to fight for the compensation your family deserves.

Why File Vacuum Extraction Lawsuits?

Successful vacuum extraction birth injury lawsuits can help families afford their child’s medical care and hold negligent providers accountable.

Here are 3 reasons to file a vacuum extraction lawsuit:

  1. Cover your child’s medical treatment and therapy expenses
  2. Seek justice for the avoidable harm caused to your child
  3. Hold negligent providers accountable to prevent harm to others

If you’re unsure about what caused vacuum extraction complications, reach out to our team at the Birth Injury Justice Center.

Our experienced labor and delivery nurses can help determine if medical malpractice occurred. If they believe your child’s condition was preventable, they’ll explain your options for filing a vacuum extraction lawsuit.

There is no cost to speak with us and no obligation to move forward with vacuum extraction birth injury lawsuits. If you suspect you may have a case, connect with a registered nurse today.

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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.

When Should You File a Vacuum Extraction Lawsuit?

You should file your vacuum extraction lawsuit as soon as you suspect your child’s condition could have been prevented.

Acting quickly is necessary because there’s a strict deadline for filing lawsuits, called the statute of limitations. Once the timeframe in your case passes, you won’t be able to take legal action.

Each state has its own deadline for filing birth injury cases, so it’s important to speak with an attorney familiar with your state’s laws.

A skilled lawyer can explain your deadlines and make sure your vacuum extraction lawsuit is filed on time.

Don’t wait to find out your family’s legal options — call us right now at (800) 914-1562.

Who Can File a Vacuum Extraction Malpractice Lawsuit?

Families of children injured during a vacuum delivery could be eligible to file a lawsuit if medical negligence played a role. Vacuum extraction birth injury lawsuits seek compensation to cover the costs of treating injuries caused by improper use.

These parties may be able to file a vacuum extraction lawsuit:
  • Parents or legal guardians of a child injured during a vacuum delivery
  • Relatives with legal authority in cases where the child’s parents are unable to file

Improper vacuum extractor use can lead to brain damage or nerve damage, like brachial plexus injuries. These conditions often require long-term care and even surgeries that insurance may not fully cover.

Vacuum extraction birth injury lawsuits can help families access the financial support needed. If you believe medical negligence caused your child’s injury, a vacuum extraction lawsuit may be your best path forward.

Get a free case evaluation right now to find out if you qualify.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

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Steps to Filing Vacuum Extraction Birth Injury Lawsuits

Filing a vacuum extraction lawsuit involves important steps, and knowing the process can help you navigate your child’s birth injury with confidence.

These are the typical steps to filing vacuum extraction birth injury lawsuits:

  1. Free case review: Top lawyers offer no-cost consultations to see if you may qualify to file a vacuum extraction lawsuit. Get your free case review right now.
  2. Collect evidence: Your legal team will gather key evidence to build your case. This may include medical records, expert opinions, and witness statements.
  3. File the lawsuit: Next, your vacuum extraction attorney will file your birth injury lawsuit, ensuring any legal deadlines are met.
  4. Negotiate a settlement: Your legal team will negotiate with the other side to work toward a birth injury settlement as quickly as possible.

Your birth injury attorney will represent your family in court if a settlement isn’t reached. However, most birth injury cases settle out of court, allowing families to receive compensation faster and with less stress.

With an experienced attorney handling your vacuum extraction lawsuit, you can focus on caring for your child.

Vacuum Extraction Complications Lawsuit Timeline

The timeline for a vacuum extraction lawsuit varies based on the complexity of the case and whether it settles out of court or goes to trial.

Sometimes, cases that settle out of court take less than a year, as they avoid lengthy court proceedings. The process may take longer if a trial is necessary due to evidence gathering, court scheduling, and trial procedures.

An experienced birth injury attorney will handle each step, working to resolve your case as quickly as possible while fighting for the maximum compensation your family deserves.

File Your Vacuum Extraction Lawsuit Today

If your child was harmed by the assisted delivery tool, you may be eligible to pursue a vacuum extraction lawsuit. This may allow you to secure funds for medical treatments, ongoing care, and other much-needed support.

A vacuum extraction injury lawyer can file your claim on time and guide you through the process. Starting now can help preserve important details and give your case the best chance for success.

Our legal partners have secured more than $962 million for families affected by preventable birth injuries, including misuse of vacuum extractors during delivery.

Call us right now at (800) 914-1562 or fill out our case review form to see if we can help you provide a better future for your child.

Vacuum Extraction Lawsuit FAQs

What are the risks of vacuum extraction?

Vacuum extraction, if not performed properly, can cause serious harm to the baby.

Vacuum extraction can lead to the following infant injuries:

  • Bruising and jaundice: Increased bilirubin from bruising, leading to temporary jaundice
  • Intracranial hemorrhage: Bleeding around the brain, causing seizures or brain damage
  • Scalp injuries: Swelling (caput succedaneum) or blood pooling (cephalohematoma)
  • Skull fractures: Minor fractures heal naturally; severe cases may need intervention
  • Subgaleal hemorrhage: Severe blood loss under the scalp, potentially life-threatening

These risks are rare but more likely if the vacuum is not used correctly or under the right conditions.

What is the most serious complication of vacuum extraction?

The most serious complication of vacuum extraction is subgaleal hemorrhage, a rare but life-threatening condition involving blood collecting between the scalp and the skull.

This complication can cause significant blood loss, hemorrhagic shock, and even death if not identified and treated quickly.

How do you get compensation for vacuum extraction birth injuries?

You can seek compensation by filing a vacuum extraction malpractice lawsuit with the help of a birth injury attorney.

Compensation may cover neonatal care, medical treatments, and long-term care for severe injuries caused by improper use of vacuum extraction devices.

Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat about your legal options.

How much can you get from a vacuum extraction lawsuit?

Settlements for birth injury cases, including vacuum extraction injuries, often exceed $1 million.

However, the compensation from a vacuum extraction lawsuit depends on factors like the severity of the injuries, the cost of ongoing medical care, and the long-term impact on your child’s life.

An experienced birth injury lawyer can evaluate your case to determine potential compensation. They will work to recover the maximum amount allowed by law, covering medical expenses, therapy, lost wages, and other damages.

Get a free case review to find out how much your vacuum extraction lawsuit may be worth.

How are vacuum extraction birth injury settlement amounts determined?

Settlement amounts are based on the severity of injuries, such as brain damage or bleeding disorders, and whether obstetricians followed the standard of care during the vacuum extraction.

How much does it cost to file a vacuum birth injury lawsuit?

Most birth injury lawyers work on a contingency basis, which means you pay only if your attorney secures compensation for you. This allows families to pursue justice with no upfront costs or hourly fees.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
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  2. Cleveland Clinic. (2022, January 28). Vacuum extraction delivery. Retrieved January 10, 2025, from https://my.clevelandclinic.org/health/treatments/22305-vacuum-extraction-delivery
  3. Murphy, C. (2024, August 6). CT family accuses doctor of vacuuming newborn’s head 15 times, ignoring mother’s request for C-section. Retrieved January 10, 2025, from https://www.nbcconnecticut.com/news/local/ct-family-accuses-doctor-of-vacuuming-newborns-head-15-times-ignoring-mothers-request-for-c-section/3355429/
  4. Sokolove Law. (n.d.). Birth injury lawsuits. Retrieved January 10, 2025, from https://www.sokolovelaw.com/birth-injuries/lawsuit/
  5. Thierens, S., et al. (2023, January 20). Vacuum extraction or caesarean section in the second stage of labour: A systematic review. Retrieved January 10, 2025, from https://doi.org/10.1111/1471-0528.17394
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