Verdicts & Settlements: Vaginal Birth After Cesarean (VBAC) Delivery Injuries

Physicians and other obstetrical medical professionals are obligated, according to standards of care, to provide accurate, well-informed recommendations to mothers considering delivering vaginally after having delivered via Cesarean section in the past. To read more about the Vaginal Birth After Cesarean (VBAC) delivery injuries, qualifications, risk factors, and more, visit our VBAC information page here.

In this section, the birth injury lawyers from Michigan Cerebral Palsy Attorneys provide some brief information on a past VBAC medical malpractice case. We encourage you to reach out for legal advice if you know a child or mother who was injured from an ill-advised or mishandled VBAC delivery—you may reach our cerebral palsy lawyers online or toll-free by phone at (888) 592-1857.

1. Child Wins $3.75 Million
Ill-Advised VBAC and Delayed Emergency C-Section Result in Hypoxic Ischemic Encephalopathy (HIE) with Resultant Cerebral Palsy, Feeding Problems, and Cognitive Defects

In this case, the mother was advised by her midwife that she was a safe and eligible candidate for a VBAC (Vaginal Birth after Cesarean) delivery. However, the mother exhibited several risk factors including extreme obesity, a history of C-section for fetal distress, a recent C-section, and a single layer incision. When the mother reached full term, a different midwife induced labor by rupturing the mother’s membranes and, as a result, caused umbilical cord compression and non-reassuring fetal heart tracings. Medical professionals considered performing an emergency C-section but rather injected fluid into the amniotic sac to relieve cord compression and oxygen deprivation. A few hours later, the mother vaginally delivered a baby with injuries from hypoxic ischemic encephalopathy. Failure to promptly perform an emergency C-section in this high-risk, misguided VBAC birth resulted in a child with cognitive defects, feeding problems, and severe cerebral palsy.


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