VBAC Birth Injury Claims

VBAC stands for vaginal birth after cesarean. This approach can be risky and is reported to have a 20% to 40% failure rate. 

When a VBAC goes wrong, it can result in serious and lifelong injuries to the mother and baby. If you are now facing medical challenges and expenses after a VBAC birth injury, you may be entitled to financial compensation.

But your window of time to take action is already closing, and you only have two years from the date the injury occurred or was discovered to file a claim.

Our legal team is here to support your family and hold negligent medical providers accountable for their actions. We can investigate what went wrong and fight for the resources you’ll need now and in the future.

Call now for a consultation at (440) 333-3800.

Why Choose The Mellino Law Firm for a VBAC Birth Injury Lawsuit

At The Mellino Law Firm, we understand the sensitive nature of birth injury claims and can provide you with compassionate, zealous legal representation. Here’s why Ohio residents choose us:

• In practice since 1984
• $62+ million awarded and counting
• Martindale-Hubbel AV Preeminent Lawyers
• National Top 100 Trial Lawyers
• S. News & World Report Best Lawyers

Frequently Asked Questions

What is a VBAC birth injury?

A VBAC birth injury is a birth injury that occurs to a mother or baby during a vaginal birth after a previous cesarean section. (Mayo Clinic)

Are VBACs dangerous?

A vaginal birth after a cesarean carries known risks, including uterine rupture, infection, and injuries to the baby. Even though the majority of VBACs are successful, there is still an alarmingly high rate of adverse events.

What are the most common complications of VBACs?

The most common adverse events associated with VBACs include:

• Uterine rupture
• Severe bleeding
• Damage to the pelvic floor
• Fetal distress
• Hypoxia
• Hypoxic-Ischemic Encephalopathy (HIE)
• Fetal vacuum or forceps trauma

How does a medical provider decide if a VBAC is safe for a specific patient?

Whether a VBAC is safe for a particular patient depends on several critical factors. This includes things like the reason for the previous C-section, the type of incision that was made, and the mother’s current and past health history.

When is a doctor or hospital at fault for a VBAC birth injury?

A doctor or hospital may be considered legally liable for a VBAC birth injury if they failed to provide the appropriate level of care and that failure directly causes harm to the child or mother.

How do I know if I have grounds for a birth injury lawsuit after a VBAC?

If your medical provider did not meet the accepted standard of care in your case, you may have grounds to file a claim against them. Examples of negligence include:

• Improper evaluation of whether the patient was a safe candidate for VBAC
• Failure to inform the patient of the risks associated with VBACs and potential alternatives
• Failure to properly monitor the mother and/or baby during labor
• Lack of emergency readiness or performing a VBAC in a facility not equipped for complications
• Delayed response after signs of fetal distress or maternal injury appear

Further Reading: Everything You Need to Know About Fetal Distress

What kind of compensation can I get after a VBAC birth injury?

If you or your baby suffered an injury due to medical negligence during a VBAC, you may be able to get financial compensation for:

• Medical expenses, including hospital bills and ongoing treatment
• Lost wages and loss of earning capacity
• Physical pain and suffering
• Emotional distress and trauma
• Lifelong care expenses in cases of disability
• Funeral costs in cases of wrongful death

When to Contact a Qualified Ohio Birth Injury Lawyer

If your family was affected by a VBAC birth injury, we’re here to help you take the next step. Contact us today to learn more about your legal rights or to schedule your no-cost initial consultation by calling (440) 333-3800.