Va. Code » Title 38.2. Insurance » Chapter 50. Virginia Birth-Related Neurological Injury Compensation Act
Virginia Code

Va. Code Ann. § 38.2-5000 (2026)

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The provisions of this chapter shall be known and may be cited as the Virginia Birth-Related Neurological Injury Compensation Act.

1987, c. 540.

Notes of Decisions
Cited in 36 cases (1 in the last 5 years), 1990–2024 · leading case: Virginia Birth-Related Neurological Injury Comp. Prog. v. Young, 541 S.E.2d 298 (Va. Ct. App. 2001).
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Virginia Birth-Related Neurological Injury Comp. Prog. v. Young, 541 S.E.2d 298 (Va. Ct. App. 2001). · cites it 4× “" See Code §§ 38.2-5000 through 38.2-5021. Code § 38.”
Cent. Virginia Obstetrics & Gynecology Assocs., P.C. v. Whitfield, 590 S.E.2d 631 (Va. Ct. App. 2004). · cites it 2× “In defense of this claim, the defendants asserted statutory tort immunity under the Virginia Birth-Related Neurological Injury Compensation Act, Code §§ 38.2-5000 to 38.2-5021. As the Act requires, the circuit court referred the question to the Virginia Workers’ Compensation…”
Commonwealth v. Bakke, 620 S.E.2d 107 (Va. Ct. App. 2005). · cites it 4× “Code §§ 38.2-5000 to 38.2-5021. A "birth-related neurological injury" is defined as follows: [I]njury to the brain or spinal cord of an infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation in the immediate…”
Berner v. Mills, 579 S.E.2d 159 (Va. 2003). · cites it 2× “In this appeal, we consider whether the Court of Appeals erred in affirming a decision of the Virginia Workers’ Compensation Commission (the Commission) that it lacked jurisdiction to consider a claim against a professional corporation under the Virginia Birth-Related…”
Coffey v. Virginia Birth-Related Neurological Injury Comp. Prog., 558 S.E.2d 563 (Va. Ct. App. 2002). · cites it 4× “On appeal from a decision of the Workers’ Compensation Commission denying him benefits under the Birth-Related Neurological Injury Compensation Act, Code § 38.2-5000, et seq., Devin Michael Coffey, an infant, who sues by Danielle Marie Trivette Coffey, his mother and next…”
Wolfe v. Virginia Birth-Related Neurological Injury Comp. Prog., 580 S.E.2d 467 (Va. Ct. App. 2003). · cites it 2× “Wolfe (Wolfe), suing as mother and next friend of infant Taylor Hope Wolfe (claimant or Taylor), appeals from a decision of the Workers’ Compensation Commission (the commission) concluding that Taylor is not entitled to benefits from the Birth-Related Neurological Injury…”
Kidder v. Virginia Birth-Related Neurological Injury Comp. Prog., 560 S.E.2d 907 (Va. Ct. App. 2002). · cites it 2× “Sturgis Kidder, who sues as father and next friend of Andrew Patrick Kidder (Andrew or claimant), an infant, appeals a decision of the Workers’ Compensation Commission (the commission) denying him benefits under the Virginia Birth-Related Neurological Injury Compensation Act…”
Cooper v. Adler, 604 S.E.2d 747 (Va. Ct. App. 2004). · cites it 3× “Code §§ 38.2-5000 to 38.2-5021. Cooper claims the commission erred in: (1) adjudicating her common law claim of emotional distress; (2) transforming her common law claim into a claim for her infant child; (3) determining it had jurisdiction to preclude her from prosecuting her…”
King v. Virginia Birth-Related Neurological Injury Comp. Prog., 410 S.E.2d 656 (Va. 1991). · cites it 2× “In this appeal, we consider State and Federal constitutional challenges to the Virginia Birth-Related Neurological Compensation Act, Code § 38.2-5000, et seq. I. This suit was filed by 29 doctors, licensed to practice medicine in this Commonwealth, against the Virginia…”
John P. Kavanaugh, Jr. v. Virginia Birth-Related Neurological Injury Comp. Prog., 728 S.E.2d 527 (Va. Ct. App. 2012). · cites it 4× “We reverse, finding the Program’s guideline cannot be justified under the Virginia Birth-Related Neurological Injury Compensation Act, Code § 38.2-5000 et seq. I. John and Julie Kavanaugh, parents of John Kavanaugh, Jr.”
Jan Paul Fruiterman, M.D. & Assocs., P.C. v. Waziri, 525 S.E.2d 552 (Va. 2000). · cites it 2× “), contends that the trial court erred in denying coverage of the Virginia Birth-Related Neurological Injury Compensation Act, Code § 38.2-5000 et seq. (the Compensation Act), to professional corporations.”
Jefferson Green Unit Owners v. Gwinn, 551 S.E.2d 339 (Va. 2001). · cites it 2× “In that case, we upheld the constitutionality of the Virginia Birth-Related Neurological Injury Compensation Act, Code §§ 38.2-5000 through -5021, against an attack asserting that it violated the constitutional prohibition against special legislation.”
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