Migliaccio & Rathod LLP is investigating whether Jackson Health System relied upon race-based clinical calculators when counseling patients about attempting a vaginal birth after a previous cesarean section (“VBAC”).
For years, hospitals throughout the United States 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 it discouraged otherwise appropriate candidates from attempting a VBAC and contributed to unnecessary repeat cesarean deliveries.
What Patients Report
Patients report:
- Being advised against attempting a VBAC.
- Providers relying on computerized prediction scores during prenatal counseling.
- Feeling pressured to schedule repeat cesarean deliveries.
- Learning later that race may have lowered their predicted success rate.
- Not being informed that race-neutral prediction tools were available.
- Believing race influenced discussions about delivery options.
Why Patients Should Be Concerned
Patients should receive individualized counseling based on their personal medical history rather than generalized assumptions tied to race or ethnicity. If race lowered a patient’s predicted likelihood of a successful VBAC, that information may have influenced physician recommendations, informed consent, and ultimately the type of delivery the patient received.
This investigation seeks to determine whether Jackson Health System continued using race-based VBAC prediction tools after updated race-neutral models became available and whether patients received complete and accurate information regarding their delivery options.
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 Jackson Health System.
- 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 prediction model.
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.