Vacuum Extraction Injuries Your Injury, Our Fight

Vacuum Extraction Injury Lawyer in Albuquerque

A Former Eye Doctor. Board-Certified Trial Lawyer. A $72 Million Birth Injury Verdict.

A vacuum-assisted delivery can be appropriate when labor is not progressing or a baby needs to be delivered more quickly. It can also cause serious injury when the procedure is attempted in the wrong circumstances, performed improperly, or continued after it is no longer safe.

If your child was injured after a vacuum-assisted birth, the central question is not simply whether a complication occurred. It is whether the medical team followed the applicable standard of care and whether a departure from that standard caused the injury.

Buckingham & Vega Law Firm has represented families affected by serious injuries and medical negligence since 1999. Our Albuquerque birth injury lawyers can review the medical timeline, explain the legal issues in plain language, and help you understand what options may be available.

Call our vacuum extraction injury attorneys in Albuquerque for a free consultation, available 24/7, including virtual appointments. Reach us now at (505) 388-0066 or online.

Why Families Turn to Us After a Serious Birth Injury

Birth injury cases require careful review of both the medicine and the evidence. Founding partner Kent Buckingham practiced for several years as an eye doctor before beginning his legal career. He is a board-certified trial lawyer, and his medical background brings an additional clinical perspective to cases involving complex records and disputed medical decisions.

The firm has also handled substantial birth injury litigation. Our results include a $72 million birth injury verdict and a $12 million birth injury settlement. The $72 million verdict is identified by the firm as the largest medical malpractice verdict in New Mexico history. Past results do not guarantee the outcome of another case, but they reflect our experience handling serious medical negligence claims.

Families can review additional case results to learn more about the types of matters our attorneys have handled.

How Vacuum-Assisted Delivery Works

Vacuum extraction is a form of operative vaginal delivery. A clinician places a suction cup on the baby's head and applies controlled traction while the mother pushes during contractions. The goal is to assist the baby's descent through the birth canal.

A vacuum-assisted delivery may be considered when the second stage of labor is prolonged, when the fetal heart rate raises concern, or when a maternal medical condition makes prolonged pushing inadvisable. In an appropriate candidate and with a properly trained clinician, operative vaginal delivery can be an alternative to cesarean delivery.

Before attempting the procedure, the medical team should determine whether the conditions for a safe operative vaginal delivery are present. Those considerations include the baby's gestational age, whether the cervix is fully dilated, whether the membranes have ruptured, whether the fetal head is engaged, whether the baby's position is known, and whether an emergency cesarean delivery can be performed if the attempt is unsuccessful.

Contact us at (505) 388-0066 to schedule your free consultation.

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When Vacuum Extraction May Involve Medical Negligence

An injury after vacuum extraction does not automatically mean that malpractice occurred. The legal issue is whether the provider acted reasonably under the circumstances and whether any departure from the accepted standard of care caused harm.

A malpractice investigation may examine questions such as:

Was vacuum extraction appropriate for the baby's gestational age and clinical condition?
Was the fetal head sufficiently engaged and its position identified before the procedure?
Was there evidence of a fetal bleeding disorder or another condition that made vacuum use unsafe?
Was the cup placed and traction applied appropriately?
Did the baby descend with traction, or did the provider continue despite a lack of progress?
Did the cup detach repeatedly, and if so, was the attempt reassessed or abandoned?
Was a cesarean delivery available and considered when the assisted delivery was unsuccessful?
Were the mother and baby monitored appropriately during and after the delivery?

Clinical guidance does not reduce every vacuum delivery to a single numeric rule. The safe use of the device depends on the full clinical picture, the progress of the delivery, the clinician's training, and whether the procedure should be stopped when it is not working as intended.

Injuries Associated With Vacuum-Assisted Delivery

Vacuum extraction can be associated with injuries ranging from temporary scalp trauma to serious bleeding. Potential neonatal complications include:

Cephalohematoma: a collection of blood beneath the tissue covering one of the skull bones.
Subgaleal hemorrhage: bleeding in the space beneath the scalp that can become life-threatening when severe.
Intracranial hemorrhage: bleeding inside the skull.
Scalp lacerations or bruising.
Skull fracture or other head trauma.

A difficult delivery may also involve other forms of birth trauma. For example, a child can sustain a brachial plexus injury that may result in Erb's palsy. Whether a particular injury was caused by vacuum use, another delivery complication, or an unavoidable event must be determined from the medical evidence.

Mothers can also suffer injuries during operative vaginal delivery, including significant vaginal or perineal tears. The presence of an injury alone does not establish negligence.

How We Investigate a Vacuum Extraction Birth Injury

The most useful evidence is often found by reconstructing the delivery from beginning to end. Depending on the case, our attorneys may review prenatal records, fetal monitoring strips, labor and delivery notes, documentation of the vacuum attempt, newborn records, imaging, and follow-up treatment.

The investigation may focus on the baby's station and position before the procedure, why vacuum extraction was chosen, how many attempts were made, whether there was progressive descent, whether cup detachments occurred, when the procedure was stopped, and whether another delivery method should have been used.

Testimony from qualified medical professionals is often necessary in medical malpractice litigation to address the applicable standard of care, causation, and the child's future medical needs.

Proving a Vacuum Extraction Malpractice Claim in New Mexico

A medical malpractice claim generally requires evidence of four connected issues: a duty of care, a breach of the applicable medical standard, causation, and legally recognized damages. In a vacuum extraction case, it is not enough to show that the baby was injured after the device was used. The evidence must connect the provider's conduct to the injury.

New Mexico also has procedural rules that can depend on the type of healthcare provider involved. Some claims against qualifying independent providers must be submitted to the New Mexico Medical Review Commission before a lawsuit proceeds, unless the parties agree to bypass that process. The same procedural requirement does not apply in the same way to every potential defendant.

That distinction matters because a birth injury case may involve an obstetrician, another individual provider, a hospital, or more than one healthcare entity.

Filing Deadlines for New Mexico Birth Injury Claims

Medical malpractice claims in New Mexico are subject to strict filing deadlines, and the rules include specific provisions for minors and incapacitated people. The applicable deadline can also be affected by the defendants involved and by procedural steps required under the Medical Malpractice Act.

Families should not rely on a generic online deadline to decide whether a claim is still available. A lawyer should review the date of the alleged malpractice, the child's age, the providers involved, and any procedural requirements before determining the filing deadline.

Compensation in a Vacuum Extraction Injury Case

A serious birth injury can create medical, financial, and personal consequences that continue for years. Depending on the facts and applicable law, a malpractice claim may seek compensation for legally recoverable losses such as past and future medical care, rehabilitation, therapy, assistive needs, diminished earning capacity, pain and suffering, and other damages.

New Mexico's Medical Malpractice Act treats different categories of healthcare providers differently, and the rules governing recovery can depend on the provider type and the date of the alleged malpractice. Past and future medical care and related benefits are also treated differently from other categories of damages under the Act.

For that reason, we do not recommend estimating the value of a birth injury case from a generic cap or formula. The providers involved, the child's injuries, future care needs, and the law applicable to the specific claim all matter.

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"Thank God we found him. He really seemed to care about our family."
Mr. Buckingham won our case after two other law firms said it would be impossible to win. He knew the medicine better than the experts in the case. I guess the fact that he’s also a doctor was a great help.

Former Client
"He truly was impressive."
Mr. Buckingham flew to the East Coast several times & understood how a correct gall bladder surgery is supposed to be done better than the surgeon. He was very knowledgeable & precise.

Former Client
"If you want real-life heroes contact these guys. They cared when no one else did."
When I first contacted Mr.Vega, I knew he was different because he listened to me with compassion. Mr. Vega and his team gave me hope and most important they gave my son a better life.

Former Client
"Adrian Vega and his law firm changed my family's life."
They fought for my injured baby and made sure we would be taken care of for the rest of our lives. I highly recommend this law firm.

Former Client
"My family is better off having them in our corner."
We turned to him when we had nowhere else to go. Turns out it was the best decision we could have ever made. They represented us in a difficult case and made those responsible accountable for their actions.

Former Client
"Nothing but the best of the best."
This was an experience I'll never forget and felt like family and not a business associate. Adrian kept me informed and up to date on all matters of the lawsuit. Needless to say, I received more ( much more ) than expected...

Former Client
"Very professional firm and well knowledgeable!"
I would highly recommend using Buckingham & Vega if you have been injured in an accident. Very professional firm and well knowledgeable!

Former Client
"Highly Recommend"
We had a great experience working with Adrian. He was very professional and guided my family through a difficult situation.

Former Client

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Our Results Make a Difference

Explore How We Have Helped Our Clients

Record-Setting $72 Million Birth Injury
The Buckingham & Vega team obtained a $72 million verdict in a birth injury case when an OB/ GYN failed to properly monitor the mom during pregnancy.
$16 Million Truck Accident
Buckingham & Vega obtained a $16 million settlement in a truck accident case. The truck driver was speeding and inattentive (texting) and crashed into the rear of a pickup truck stopped at a stoplight.
$14 Million Dram Shop Liability
Our team obtained a $14 million dram shop verdict on behalf of a client who was injured due to negligence.
$13 Million Truck Accident
Our team secured a $13 million settlement in a truck accident case. An eighteen-wheeler made an unsafe turn in front of a car driven by a grandmother and her family. The grandmother was killed and the family suffered severe injuries.
$13 Million Work Injury
Buckingham & Vega represented an oilfield worker who was killed when their company failed to properly train its employees on how to safely move waste bins. Our client was killed when he became trapped between two bins.
$12 Million Birth Injury
The attorneys at Buckingham & Vega obtained a $12 million birth injury settlement.

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