A Landmark Case Interpreting the Virginia Birth-Related Neurological Injury Compensation Program

The case of Devin Coffey was a landmark case interpreting the statutory presumption of eligibility for the benefits of the Virginia Birth Injury Program. When Devin Coffey became J&R’s client, he had less than two weeks to file an appeal to the Court of Appeals of Virginia. He had lost an evidentiary hearing for the benefits of the Act, as well as the first level of appeal. Evidence from five experts had been submitted against him, and none had provided evidence in his favor.

At J&R’s urging, however, the Court of Appeals of Virginia reversed the earlier rulings and held that, although the evidence against Devin was credible and preponderating, it was insufficient as a matter of law to defeat his claim. He was admitted into the Virginia Birth-Related Neurological Injury Compensation Program by order of the Court of Appeals of Virginia and a new two-pronged test for evaluating claims under the Virginia Birth-Related Neurological Injury Compensation Act was established. Coffey v. Va. Birth-Related Neurological Injury Compensation Program, 37 Va. App. 390 (2002).