A Christmas Miracle: Mother Gets Word of Lifetime Care for Birth Injured Daughter

Taylor Bernard was born at 28 weeks gestation by urgent C-Section following 5 weeks of hospitalized bedrest for threatened preterm labor in a twin pregnancy. She was born in the setting of a prolapsed umbilical cord, variable fetal heart rate decelerations, and her mother’s development of an acute infection of placental tissues called chorioamnionitis. A routine head ultrasound performed at five days of life showed early signs of a brain injury common to premature infants, called periventricular leukomalacia (“PVL”).

Taylor’s claim for the benefit of the Virginia Birth-Related Neurological Injury Compensation Program was contested on the basis that at birth she looked well, had good Apgar scores, required minimal resuscitation, and did not suffer from multi-organ failure or seizures in the neonatal period. The Virginia Birth-Related Neurological Injury Compensation Program argued that Taylor’s injury was caused by acute infection and her prematurity. After hearing three days of evidence and receiving the opinions of nine experts, a Deputy Commissioner rejected the opposition to Taylor’s claim and admitted her into the Virginia Birth-Related Neurological Injury Compensation Program.

The ruling J&R achieved in Taylor’s favor was featured in the Richmond Times Dispatch as the front-page, lead story on Christmas Day, entitled, “A Christmas Miracle: Mother Gets Word of Lifetime Care for Birth Injured Daughter.”