A difficult or prolonged labor can be a stressful and frightening experience for any parent. When the second stage of labor stalls, obstetricians have tools at their disposal to assist the delivery and prevent fetal distress. One of these tools is the vacuum extractor. While it can be a critical intervention in certain situations, its misuse can lead to devastating and life-altering vacuum extraction complications.
If your child was harmed during a vacuum-assisted delivery, you are likely facing a future filled with medical appointments, therapy sessions, and uncertainty. You may also be wondering if the injury could have been prevented. At CP Family Help, we understand the emotional and financial toll that a birth injury takes on a family. Our experienced attorneys are dedicated to helping families get the justice and financial support they deserve. In this article, we will discuss nine serious vacuum extraction complications that may require the help of a birth injury lawyer.
What Are Vacuum Extraction Complications?
A vacuum extractor is a medical device featuring a soft or rigid cup connected by a tube to a vacuum pump. The cup is placed on the baby’s head, and suction is applied, allowing the doctor to gently pull in coordination with the mother’s contractions to guide the baby through the birth canal.
The American College of Obstetricians and Gynecologists (ACOG) has established clear guidelines for the safe use of vacuum extractors. Medical negligence, and therefore medical malpractice, can occur when a healthcare provider deviates from this established standard of care.
Vacuum Extraction Complications
Improper use that can lead to vacuum extraction complications includes:
- Applying excessive suction: Using too much force can place dangerous pressure on the baby’s delicate skull.
- Incorrect cup placement: The cup must be placed at the correct “flexion point” on the baby’s head to ensure a safe and effective pull.
- Prolonged use: Guidelines often recommend a time limit for the procedure.
- Exceeding the number of “pop-offs”: A “pop-off” occurs when the suction cup detaches from the baby’s head. Most protocols limit the number of attempts or pop-offs to three before the procedure must be abandoned.
- Inappropriate twisting or pulling: The pulling motion must be straight, without twisting the baby’s head or neck, which can damage nerves.
- Using the vacuum when contraindicated: Vacuum extraction should not be used in certain situations, such as with premature babies (under 34 weeks gestation), babies with known bone disorders, or when the baby’s head is not properly engaged in the birth canal.
- Failure to abandon the procedure: If the vacuum extraction is not progressing, the doctor has a duty to stop and move to an emergency Cesarean section (C-section) to prevent further harm to the baby.
When a doctor’s failure to follow these standards causes a birth injury, it may be grounds for a medical malpractice lawsuit.
9 Vacuum Extraction Complications That May Warrant a Lawsuit
Here are nine serious complications that can arise from the improper use of a vacuum extractor:
1. Skull Fractures
The immense force from a vacuum extractor’s suction can be enough to fracture a newborn’s soft, pliable skull. These fractures can be linear (a simple break) or depressed (where a piece of bone is pushed inward). A depressed skull fracture is particularly dangerous as it can put pressure on the brain, potentially requiring emergency surgery and leading to long-term neurological issues.
2. Scalp Wounds and Lacerations
While some minor bruising (a “chignon”) is expected where the cup was placed, deep cuts and lacerations are a sign of excessive force or improper technique. These open wounds not only cause pain but also create a significant risk of infection, which can spread to the bloodstream (sepsis) or the brain (meningitis).
3. Cephalohematoma
This is a collection of blood that pools between the skull and its fibrous covering (the periosteum). It is caused by the rupture of small blood vessels. While most cephalohematomas resolve on their own within a few weeks, they prevent the skull bones from knitting together properly and significantly increase the risk of severe newborn jaundice. If the jaundice is not managed correctly, it can lead to kernicterus, a form of permanent brain damage.
4. Subgaleal Hematoma
This is one of the most dangerous vacuum extraction complications. It involves bleeding in the large, potential space between the scalp and the skull. Because this space is so large, a newborn can lose a significant portion of their blood volume into it, leading to life-threatening hemorrhagic shock, brain damage, and death if not identified and treated immediately.
5. Intracranial Hemorrhage (Brain Bleeds)
The mechanical forces of a vacuum pull can tear blood vessels inside the skull, causing a brain bleed. The consequences of an intracranial hemorrhage are often catastrophic, leading to permanent brain damage and lifelong disability. Types of brain bleeds include subdural, subarachnoid, and intraventricular hemorrhages.
6. Brachial Plexus Injuries (Erb’s Palsy)
If an obstetrician pulls too hard or at an improper angle during a vacuum extraction, they can stretch or tear the brachial plexus—a critical network of nerves in the shoulder. This damage can lead to Erb’s Palsy, causing weakness, loss of sensation, or complete paralysis of the arm, wrist, and hand. Some children require surgery and years of physical therapy, and may never regain full function.
7. Facial Nerve Palsy
The pressure from the vacuum cup or the force of the pull can compress or damage the facial nerves. This results in facial paralysis, often noticeable when the baby cries, as one side of the face may not move. This can affect the baby’s ability to close their eye or feed properly and can be permanent in severe cases.
8. Cerebral Palsy
Cerebral Palsy (CP) is a permanent motor disability. It is often caused by brain damage from trauma or oxygen deprivation during birth. A difficult, prolonged delivery that necessitates a vacuum extraction—especially when it’s misused—can cause the exact types of intracranial hemorrhages and hypoxic-ischemic events that lead to cerebral palsy. The cost of lifetime care for a child with CP can be astronomical.
9. Hypoxic-Ischemic Encephalopathy (HIE)
HIE is a severe form of brain damage caused by a lack of oxygen and blood flow to the brain. A prolonged and traumatic vacuum extraction can compress the umbilical cord or cause other distress that leads to HIE. This is a medical emergency that can result in severe cognitive and developmental impairments, epilepsy, and cerebral palsy.
Frequently Asked Questions (FAQ)
How do I know if my doctor was negligent?
Determining negligence requires a thorough investigation of medical records by legal and medical experts. Key signs of potential negligence include the doctor ignoring contraindications for vacuum use, exceeding the “three-pull” rule, using the device for too long, or failing to switch to a C-section in a timely manner when the delivery was not progressing. An experienced birth injury lawyer can help you uncover the truth.
What is the statute of limitations for a birth injury case?
The statute of limitations is the legal deadline for filing a lawsuit. These laws vary by state. For birth injuries, the “clock” may not start ticking until the parents discover (or should have discovered) the injury and its cause. It is crucial to contact an attorney as soon as you suspect an injury, as missing the deadline can permanently bar you from seeking compensation.
How much does it cost to hire a birth injury lawyer?
Reputable birth injury law firms, including CP Family Help, work on a contingency fee basis. This means you pay no upfront costs. We only get paid if we win a settlement or verdict in your favor. Our fee is a percentage of the total recovery, so there is no financial risk to you.
What kind of compensation can we recover in a lawsuit?
Compensation (damages) in a birth injury case is intended to cover both past and future costs associated with the injury. This can include medical bills, costs for mobility equipment, physical and occupational therapy, special education, home modifications, lost future wages for the child, and non-economic damages for pain, suffering, and loss of quality of life.
How CP Family Help Can Help You
If your child has suffered from vacuum extraction complications, you need a team that will fight for your family’s future. At CP Family Help, our compassionate attorneys focus exclusively on birth injury law. We have the resources, knowledge, and experience to take on hospitals and their insurance companies.
We understand that no amount of money can undo the harm that has been done. However, securing a settlement or verdict can provide the financial resources necessary to give your child the best possible care and quality of life. It also holds negligent medical professionals accountable and can help prevent similar tragedies from happening to other families.
Contact us today for a free and confidential case evaluation. We will listen to your story, answer your questions, and help you understand your legal options. Let us help you get the justice and compensation your family deserves.