Migliaccio & Rathod LLP is investigating whether Trinity Health hospitals relied upon race-based clinical calculators when counseling patients about attempting a vaginal birth after a previous cesarean section (“VBAC”).
Historically, many hospitals used a VBAC prediction calculator that reduced a patient’s estimated chance of a successful vaginal birth if the patient identified as Black or Hispanic. Medical organizations later recommended removing race and ethnicity from the calculator after concerns that the tool discouraged otherwise appropriate candidates from attempting vaginal delivery and contributed to unnecessary repeat cesarean sections.
What Patients Report
Patients report:
- Being advised against attempting a VBAC.
- Providers relying on computerized prediction scores.
- Feeling pressured to schedule repeat cesarean deliveries.
- Learning only later that race may have reduced their predicted success rate.
- Not being informed that race-neutral prediction models existed.
- Believing race influenced discussions regarding delivery options.
Why Patients Should Be Concerned
Decisions regarding childbirth should be based upon individualized medical circumstances rather than race-based assumptions. If race lowered a patient’s predicted likelihood of a successful VBAC, that information may have influenced physician counseling, informed consent, and the patient’s ultimate delivery method.
This investigation seeks to determine whether Trinity Health hospitals continued using race-based VBAC prediction tools after updated race-neutral versions became available and whether patients received complete information regarding how 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 Trinity Health hospital.
- You previously had a cesarean delivery.
- You were discouraged from attempting a VBAC.
- Race or ethnicity may have affected the recommendation you received.
- You underwent a repeat cesarean after being told your chances 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.