Vacuum Extraction Injury Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Vacuum extraction is a procedure used during childbirth when labor stalls in the second stage and the baby needs help passing through the birth canal. It involves a suction device applied to the baby's head. Although generally safe, vacuum extraction can sometimes lead to serious birth injuries like brain damage. If your child was harmed, a vacuum extraction birth injury lawyer may be able to help your family seek the financial compensation needed for care.

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What Is a Vacuum Extraction Injury Lawyer?

A lawyer gestures during a consultation, with legal books, a laptop, and scales of justice on the desk.A vacuum extraction injury lawyer is a personal injury attorney representing families of children harmed by vacuum extraction complications during childbirth.

Injuries caused by vacuum extractors can lead to severe medical conditions like cerebral palsy (CP) or hypoxic-ischemic encephalopathy (HIE). Conditions like these can mean lifelong physical, mental, and behavioral challenges for your child.

Additionally, ongoing care and treatment costs can be far more than most families could have planned for. Insurance may not fully cover treatment, leading to significant financial and emotional strain on families.

Vacuum extraction injury lawyers specialize in medical malpractice lawsuits related to these birth injuries. They aim to help families secure financial compensation to cover the extensive costs of care for a child who was harmed due to medical errors.

The birth injury lawyers in our network have helped families across the country recover over $905 million from birth injury lawsuits, including injuries from vacuum extractors.

Find out if they can help you get the justice and financial compensation your family deserves.

Get a free case evaluation right now.

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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Vacuum Extraction Injury Settlements and Verdicts

Vacuum extraction injury settlements and verdicts provide financial aid needed to care for children harmed at birth. Many birth injury settlements have resulted in multimillion-dollar payouts to families.

Reported lawsuit payouts involving vacuum extraction injuries include:
  • $8 million in Colorado for intracranial hemorrhage and permanent brain damage
  • $5 million for a Massachusetts family for HIE following a vacuum extraction
  • $4 million in Colorado for improperly placed vacuum extractors causing brain injury
  • $2.4 million in Washington due to brain damage caused by improper use
  • $1.1 million in Michigan after multiple vacuum extraction attempts caused CP

For many families, hiring an experienced vacuum extraction injury lawyer increased the compensation they received in their birth injury lawsuit.

Call (800) 914-1562 or Click to Live Chat right now to see if we can connect you to an experienced vacuum extraction injury lawyer.

Types of Vacuum Extraction Complications

Various factors before or during childbirth can contribute to vacuum extraction complications. While some are unavoidable, others are caused by medical negligence.

Potential vacuum extraction complications for infants include:
  • Brachial plexus injuries to the nerves in the shoulder area due to excessive force to get the baby out, potentially causing Erb’s palsy or Klumpke’s palsy.
  • Cerebral palsy can result from vacuum extraction when excessive force disrupts blood flow or causes direct brain injury.
  • Hypoxic-ischemic encephalopathy can occur if the procedure causes significant disruptions to blood flow or oxygen delivery to the baby’s brain during delivery.
  • Intracranial hemorrhage (bleeding in areas under the skull) can be caused by excessive force applied during vacuum extraction. This can be life-threatening and lead to bleeding disorders, brain bleeds, and intraventricular hemorrhage.
  • Oxygen deprivation from unsuccessful vacuum extraction attempts when an infant displays signs of distress and needs to urgently be delivered increases the risk of newborn brain damage or developmental delays.
  • Periventricular leukomalacia (PVL) may occur if there is decreased blood flow to the sensitive periventricular area of the brain, leading to hypoxia (lack of oxygen) and subsequent damage to brain tissue.
  • Skull fractures can result from the improper use of the vacuum pump, possibly causing serious injury.

Failure to appropriately respond to complications or using vacuum extractors when there is a safer delivery method can lead to severe injuries for you and your baby. In these cases, medical malpractice may be involved.

Vacuum Extraction and Medical Malpractice

When vacuum-assisted delivery complications occur, swift medical attention from your health care provider is required. Failure to uphold the standard of care may be considered birth injury medical malpractice.

Situations that could be considered medical malpractice include:
  • Delayed response to complications: Health care providers who fail to promptly respond to complications arising during vacuum extraction may increase the risks and severity of injuries to infants.
  • Disregard for signs of fetal distress: Failure to monitor the infant’s heart rate before or during labor may lead to delayed emergency interventions, increasing the likelihood of complications.
  • Failure to consider alternative delivery methods: When a vaginal delivery is too risky, failure to consider safer methods like cesarean section (C-section) may cause avoidable complications.
  • Improper use of medical devices: Health care providers may misuse or apply excessive force while using the vacuum extractor or forceps, leading to injuries.
  • Inadequate training: Medical professionals who are not adequately trained in the use of vacuum extraction techniques may accidentally cause injuries during the procedure.

A vacuum extraction injury lawyer will be able to determine if medical malpractice was the cause of your baby’s injuries.

How Can a Vacuum Extraction Injury Lawyer Help?

An experienced vacuum extraction injury lawyer can handle every step of your medical malpractice case on your behalf. They can simplify the lawsuit process for you, handling all the necessary legal work.

Learn more about how a vacuum extraction injury lawyer can help below.

Provide a Free Consultation

Top medical malpractice lawyers offer free legal case reviews, so there is no financial risk in finding out if you may have a valid birth injury claim. This initial consultation is an important first step in determining your eligibility for financial compensation.

Get a free case review right now to get started.

Investigate Your Child’s Birth Injury

Your vacuum extraction injury lawyer will carefully evaluate the details of your child’s birth to determine the cause of vacuum extraction complications. They thoroughly investigate the circumstances of your child’s birth to pinpoint the causes of any complications and harm to your child. This step is essential for understanding the events that led to the injury and identifying the responsible parties.

Gather Evidence

Your vacuum extraction injury lawyer will collect extensive evidence to build the strongest possible case on your behalf.

Evidence in a birth injury case may include:
  • Doctors’ notes, medical records, and imaging results
  • Medical bills incurred due to the injury
  • Opinions from medical experts on the standard of care and how it was breached
  • Photos and videos of your child’s injuries
  • Testimonies from staff and other witnesses present during the delivery

Gathering and organizing key evidence is essential for building a compelling case showing medical negligence and its impact on your child’s health.

File Your Lawsuit

Vacuum extraction injury lawyers file your birth injury lawsuit correctly, in the appropriate court system, and within your case’s specific deadlines. Filing your lawsuit correctly and on time is crucial to protecting your legal rights and ensuring that no procedural errors weaken your case.

Negotiate a Settlement

Your vacuum extraction birth injury lawyer will skillfully communicate with the other side to secure the highest birth injury settlement possible out of court. This effective negotiation can speed up the timeline of your birth injury case and help ensure you receive compensation as quickly as possible.

Represent You in Court

If a birth injury settlement isn’t reached, your attorney will take your case to trial to continue fighting for your family in front of a judge or jury.

By hiring an experienced vacuum extraction birth injury lawyer, you can concentrate on caring for your child. Meanwhile, your legal team tirelessly pursues the financial compensation and justice your family deserves.

When Should I Hire a Vacuum Extraction Injury Lawyer?

A mother works on a laptop in her kitchen while holding her sleeping baby.Consider hiring a vacuum extraction injury lawyer as soon as you suspect medical providers may have made mistakes that caused your child’s condition.

It’s essential to act quickly because there’s a strict window of time allowed to file lawsuits, known as the statute of limitations. Once this deadline passes, you won’t be able to pursue compensation through legal action.

Each state has a specific deadline for birth injury cases, making it necessary to consult a lawyer who understands the laws in your area. A vacuum extraction birth injury lawyer can advise you on how much time you have to file your lawsuit.

This can be especially important in cases involving harm to newborns because often, injuries aren’t easy to spot right away. Many families may not realize their child was hurt until they get older and start missing developmental milestones.

By working with an experienced birth injury lawyer, you can ensure your case is filed before your deadline. Take action, even if you don’t have an official diagnosis yet.

Don’t wait to find out what legal options you may have.

Call our team at (800) 914-1562 or get a free case review right now.

How to Find the Best Vacuum Extraction Injury Lawyer

When seeking legal help for vacuum extraction delivery injury cases, look for a birth injury lawyer with certain qualities and credentials.

Here are 5 qualities to look for in a vacuum extraction birth injury lawyer:
  1. No upfront costs: Choose a vacuum extraction injury lawyer who works on a contingency fee basis. This means you pay only if you win.
  2. Proven track record: Look for a lawyer with a history of successful birth injury claims and large payouts. This can increase your chances of getting significant compensation.
  3. Expert staff: Top birth injury law firms have experienced labor and delivery nurses on staff. They can provide insights and support throughout your case.
  4. Specialized expertise: The right lawyer should have experience handling vacuum extraction injuries and other complex birth injury cases. Skilled lawyers can effectively gather and present necessary evidence.
  5. Reputable law firm: Ensure your vacuum extraction injury lawyer is part of a well-established law firm. Often, these firms have access to a broad network of legal resources and medical experts.

Hiring a vacuum extraction injury lawyer with these qualities can help ensure you are well-equipped to get justice and the compensation your family deserves.

Find a Vacuum Extraction Injury Lawyer Near You

The Birth Injury Justice Center team understands that your child’s care is your family’s top concern.

Our team believes that having the right vacuum extraction injury lawyer can significantly improve the outcome of your case. And in turn, improve your child’s future.

Birth injury cases can be challenging. They require a lawyer with legal expertise and a commitment to advocating for each family’s unique needs.

An experienced vacuum assisted delivery injury lawyer can provide clear guidance throughout the legal process. They will tirelessly fight for your rights and pursue the compensation your family deserves.

Call us at (800) 914-1562 right now or get a free case review to find out how we can help you provide a brighter future for your child.

Vacuum Extraction Injury Lawyer FAQs

What are the complications of vacuum extraction delivery?

Complications of vacuum extraction delivery include scalp injuries like lacerations and bruising, bleeding in and around the brain, and, in severe cases, conditions like cerebral palsy or hypoxic-ischemic encephalopathy (HIE) due to oxygen deprivation.

Can you sue for vacuum extraction injury?

Yes, you may be able to sue for vacuum extraction injury if it resulted from medical negligence during childbirth. An experienced attorney can help determine if you have a case and fight for maximum compensation on your behalf if you do.

Call us at (800) 914-1562 right now to find out if we can connect you with a top vacuum extraction birth injury lawyer near you.

How much can you get from a vacuum extraction complications settlement?

The average birth injury settlement is estimated at about $1 million. However, many families have received multimillion-dollar settlements in vacuum extraction complications cases.

That said, the value of any birth injury payout is affected by factors like the severity of the harm, the child’s future medical needs, and the expected long-term outlook.

An experienced vacuum extraction birth injury lawyer can assess the specifics of your case to provide an estimate.

Get a free legal case review right now to see if we can connect you.

Do you have to hire a vacuum extraction lawyer to start a birth injury claim?

While not required, hiring a vacuum extraction lawyer is highly recommended to navigate complex medical malpractice laws and improve the chances of securing maximum compensation for your birth injury claim.

How much will a vacuum extraction lawyer cost?

The best vacuum extraction injury lawyers work on a contingency fee basis, meaning there are no upfront or out-of-pocket costs. They only get paid if they win financial compensation for you.

How do you start a vacuum extraction complications lawsuit for birth injuries?

You can start your lawsuit by hiring an experienced vacuum extraction injury lawyer. They will handle the entire legal process for you, so you can focus on healing and caring for your child.

Get a free case review right now to get connected.

Will hiring a vacuum extraction complications lawyer get me a higher settlement?

Hiring a lawyer experienced in vacuum extraction complications can often result in a higher settlement, as they bring expertise in negotiating and building a compelling case based on medical malpractice.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

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
  1. Abbas, R. A., et al (2021, May 11). Maternal and neonatal complications resulting from vacuum-assisted and normal vaginal deliveries. Cureus, 13(5), e14962. Retrieved April 26, 2024, from
  2. Cleveland Clinic. (2022, January 28). Vacuum extraction delivery. Retrieved April 26, 2024, from