False Evidence Exposed and Benefits Awarded

When Elijah Johnson became J&R’s client, he had already lost a hearing for the benefits of the Birth-Related Neurological Injury Compensation Program, and the record was closed. Combing through the thousands of pages of medical records in preparation for an appeal, we discovered that a key piece of evidence, upon which the denial of Elijah’s claim was based, (a head ultrasound, purportedly taken at 30 days of life, which allegedly showed that Elijah’s brain was still uninjured at that time) did not actually exist.

With this discovery, the adverse ruling against Elijah was reversed and a new trial on all issues was ordered. After a new trial and two levels of additional appeals, Elijah was admitted into the Virginia Birth-Related Neurological Injury Compensation Program. In Re: Elijah David Johnson, VWC File No. B-04-03 (09/08/04); Virginia Birth-Related Neurological Injury Comp. Program v. Long, 2006 Va. App. LEXIS 11 (2006).