Virginia’s Birth-Related Neurological Injury Compensation Act
HELPING BABIES WHO HAVE SUFFERED DURING LABOR, DELIVERY AND RESUSCITATION
Jones & Rostant offers best-in-class legal representation on behalf of infants who have suffered from birth-related injuries. We have deep knowledge of the complexities of Virginia’s Birth Related Neurological Injury Compensation Act (“Birth Act”), and great success winning admission for profoundly injured children into Virginia’s Birth Related Neurological Injury Compensation Program (the “Program”).
The Birth Act is encompassed within the Virginia Code and was enacted in 1987. It established a Program to provide no-fault benefits to children suffering from severe neurological injuries resulting from oxygen deprivation or mechanical injury during labor and delivery in a manner similar to a Workers’ Compensation scheme. Benefits of the Birth Act are intended to be the exclusive remedy for qualified infants and their families and do not require a finding of negligence on the part of a healthcare provider in causing the infant’s injuries.
You may be eligible for compensation
In order to receive the benefits of the Birth Act, there must be a “participating” healthcare provider involved with the birth. That means the birth must have occurred in a hospital that participated in the Program on the date of the infant’s birth, or obstetrical services must have been provided by a doctor who participated in the Program on the date of the infant’s birth. Second, a child must have a “birth-related neurological injury” as described in the Act.
A child with a “birth-related neurological injury” is a child who has:
An injury to the brain or spinal cord,
Caused by the deprivation of oxygen or mechanical injury,
Occurring in the course of labor, delivery or resuscitation necessitated by a deprivation of oxygen or mechanical injury that occurred in the course of labor or delivery in a hospital,
Which renders the infant permanently motorically disabled and either developmentally disabled or, for infants sufficiently developed to be cognitively evaluated, cognitively disabled.
Such disability shall cause the infant to be permanently in need of assistance in all activities of daily living.
The definition of a “birth-related neurological injury” does not apply to stillborn infants or disability or death caused by genetic or congenital abnormalities, degenerative neurological diseases or maternal substance abuse.
The compensation you may be entitled to receive
The Birth Act lists three categories of benefits that are available to qualified infants:
First, it provides for reimbursement of actual "medically necessary and reasonable expenses of medical and hospital, rehabilitative, therapeutic, nursing, attendant, residential and custodial care and service, medications, supplies, special equipment or facilities, and related travel.” However, expenses for items or services that have been paid by or are entitled to be paid by other sources (such as health insurance) are not covered.
Second, it provides for a wage replacement benefit from the age of 18 until 65 at a set rate.
Third, it provides for payment of “reasonable expenses incurred in connection with the filing of a claim . . . including reasonable attorney fees.”
Call (703) 352-0522 for a free, confidential case review and to learn more about this program.
Contact our Virginia birth-related neurological injury compensation act attorney today to learn more about the program and to learn about how and when to file a lawsuit for a birth injury claim. Call at (703) 352-0522 or visit our contact us page.