Brain Injury News

Virginia's Birth Injury Compensation Funds

Virginia’s Birth-Related Neurological Injury Compensation program began operating in 1987. It provides a no-fault resolution to medical injuries that occur to a limited range of infants: those who (1) suffer severe neurological damage due to oxygen deprivation or mechanical injury to brain or spinal cord during the birth process and (2) were delivered by a participating ob/gyn (or nurse-midwife) or in a participating hospital. Families of such children waive their right to sue in return for lifetime compensation for medical and other costs from a special fund; those who do not meet both these criteria can pursue a malpractice claim. Compensation comes from a fund that is capitalized by payments from participating physicians and hospitals, other physicians, and liability insurers (see OLR Report 2003-R-0620 for more details).

Virginia caps total malpractice awards. The cap is currently $ 1. 7 million and is adjusted periodically for inflation. The presence of this cap makes it difficult to infer conclusions about the potential effect of implementing a similar no-fault system in Connecticut based on the Virginia experience.

If you or anyone you know has experienced the results of brain injury or any other kind of medical malpractice , please contact our Delaware lawyer. We are here to help you.

	Did You Know?
	20% of children diagnosed with congenital cerebral palsy developed it due to a brain injury during the birthing process. 8,000 - 10,000 babies and infants are diagnosed annually with cerebral palsy. Of those babies, 20% of them acquired cerebral palsy during their births. Many cerebral palsy cases are connected with an oxygen shortage. If the oxygen supply to the brain is severly low at the time of birth, the infant may suffer a type of brain damage that may result in cerebral palsy.