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Brooklyn Vacuum Extraction Delivery Injury

A baby may be delivered with through a cesarean section delivery or through a vaginal delivery. With a vaginal delivery it is sometimes necessary to use special instruments to assist the baby through the birth canal. A vacuum extraction delivery is a method of vaginal delivery that involves the medial professional using an instrument called a vacuum extractor to assist in the delivery. A vacuum extractor is a medical instrument that includes a cup with a handle and vacuum pump. The cup is attached to the baby’s head to help guide the baby through the birth canal. While a vacuum extractor can be essential to ensuring a safe delivery, if the vacuum extractor is used negligently, then the baby could suffer a serious birth injury. Such injuries include a brain injury, contusions, respiratory problems, injury to the shoulders or limbs, cerebral palsy, blindness, a spinal cord injury, developmental delays, or another other serious injuries. Furthermore, the mother could also suffer a serious personal injury from the use of a vacuum extraction instrument. In the same way that a victim of a car accident or other serious accident can seek damages from the person who caused the accident, New York law allows victims of negligent medical professionals to hold them legally and financial accountable. If you or your baby was seriously injured as a result of the negligent use of a delivery instrument, it is important that you immediately contact an experienced Brooklyn Vacuum Extraction Delivery Injury Lawyer who will help you pursue compensation for your injuries and your child’s injuries through a medical malpractice lawsuit.

When is Vacuum Extraction Used?

Vacuum extraction is sometimes recommended when the mother is in the second stage of labor, is pushing, but the baby is not progressing through the birth canal. A doctor may also opt for vacuum extraction if it is necessary to immediately deliver the baby. For example, if the baby’s heat rate is irregular, an immediate delivery may be necessary. In addition, if the mother has a health concern such as heart condition that would indicate that she should limit the amount of pushing, the doctor may opt for a vacuum extraction.

When is a Vacuum Extraction not Advisable?

There are factors related to the mother’s medical history or the progression of the delivery that would suggest that a vacuum extraction is not advisable. Such factors include:

  • The mother is less than 34 weeks pregnant
  • The mother has genital herpes since herpes is often passed from mother to baby when the baby passes through the birth canal
  • The baby has a bone or bleeding disorder such as osteogenesis imperfecta or hemophilia
  • The baby’s head has not moved past the midpoint of the birth canal
  • The baby is in a breech position
  • The baby may not fit through the mother’s pelvis

In these cases where a vacuum extraction is not advisable, the doctor would likely opt to deliver via caesarean. It is up to the medical staff to monitor both the mother and baby and make a decision regarding vacuum extraction based on the circumstances. Should the medical staff make a negligent decision to perform a vacuum extraction, or should the medical staff perform the vacuum extraction in a negligent manner, then it would be liable for any harm to the mother or to the baby.


In Greene v. Martas, 2005 NY Slip Op 30479 (N.Y. Sup. Ct., 2011), plaintiff Alice Greene’s son, Thomas, as delivered via vacuum extraction. Forceps were also used. Right after delivery skins tears were noted on the left side of Thomas’s face and one on his right neck. It was later discovered that both Greene and her baby had herpes. Greene filed a medical malpractice lawsuit against the doctors and hospital involved in her care, claiming among other things that they negligently and improperly attempted a vacuum extraction delivery; failed to timely and properly perform a vacuum extraction; and failed to perform a cesarean section once the vacuum extraction failed.

Pursuing Compensation for a Birth Injury

Medical malpractice occurs when a medical professional such as an obstetrician, nurse, or other health care professional fails to take reasonable care and as a result the patient suffers an injury. Thus, if a doctor is negligent in performing a vacuum extraction delivery, New York law allows you to hold the negligent medical professionals legally and financially liable.

The negligent party may be required to compensate you for your medical bills related to the injuries suffered because of the medical mistake. Examples of compensable medical expenses include emergency room treatment, hospital stays, visits to the doctor, rehabilitation, developmental and physical therapy, medical equipment and prescriptions. The court may also award damages based on the physical and mental anguish you experienced from your injuries and recovery. If as a result of the medical mistake your loved one passes away, then you may be able to recover damages through a wrongful death lawsuit.

Brooklyn Vacuum Extraction Delivery Injury Lawyer

If you suspect that you or your baby was injured because your doctor, nurse, or other health care professional was negligent in performing a vacuum extraction delivery, do not hesitate to immediately contact someone with experience. The staff at Stephen Bilkis and Associates is experienced in successfully representing clients and families of clients who have suffered injuries due to mistakes made by medical professionals, as well as those injured in car accidents, truck accidents, construction accidents, and other types of accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.