Migliaccio & Rathod LLP is investigating whether CommonSpirit Health hospitals relied upon race-based clinical calculators when counseling patients about attempting a vaginal birth after a previous cesarean section (“VBAC”).
For many years, hospitals nationwide used a VBAC prediction calculator that reduced a patient’s estimated likelihood of a successful vaginal birth if the patient identified as Black or Hispanic. Medical organizations later removed race and ethnicity from the calculator after concerns that the tool could discourage otherwise appropriate candidates from attempting a VBAC and instead steer them toward repeat cesarean deliveries based partly on race rather than individualized medical circumstances.
What Patients Report
Patients report:
- Being told they were poor candidates for a VBAC.
- Providers relying on computerized prediction scores during counseling.
- Feeling pressured to schedule repeat cesarean deliveries.
- Learning later that race may have reduced their predicted success rate.
- Not being informed that race-neutral alternatives existed.
- Believing they were denied meaningful participation in choosing their delivery method.
Why Patients Should Be Concerned
Medical recommendations should be based on each patient’s individual health, pregnancy history, and preferences—not assumptions tied to race or ethnicity. If race reduced a patient’s predicted chance of a successful VBAC, that information may have influenced physician recommendations, informed consent discussions, and ultimately the method of delivery.
This investigation seeks to determine whether CommonSpirit Health hospitals continued using race-based VBAC prediction tools after race-neutral alternatives became available and whether patients were adequately informed regarding how those recommendations were developed.
Potential Claims May Include
- Healthcare Discrimination
- Violation of Section 1557 of the Affordable Care Act
- Violation of Title VI of the Civil Rights Act
- Lack of Informed Consent
- Consumer Protection
- Medical Negligence
Signs You May Be Affected
You may be affected if:
- You are a Black or Hispanic patient who delivered at a CommonSpirit Health hospital.
- You previously had a cesarean delivery.
- You were discouraged from attempting a VBAC.
- Race or ethnicity may have affected your counseling.
- You underwent a repeat cesarean after being told your chances of success were too low.
- You were not informed that race influenced the recommendation.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.