Can Virginia's Birth Injury Fund Survive?

Ben Glass

Attorney
(866) 735-1102 Ext 320

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Investment holdings used for the purpose of ensuring that babies born in Virginia that are catastrophically injured due to medical malpractice during childbirth have lifetime medical payments have lost nearly $35 million since the beginning of 2008.

Just since September 30, investments held by Virginia’s Birth-related Neurological Injury Compensation Fund have shrunk to $166.5 million from $186 million as of October 15.

The birth-injury program, which is based out of Richmond, provides eligible children with lifetime medical benefits. Children who can be proven to have been left with severe lifelong injuries, typically cerebral palsy, due to a loss of oxygen during birth are eligible.

The program’s intent was to be an alternative to medical malpractice suits against obstetricians and hospitals involved in childbirth.

It is believed that the program will last another 20 years, but studies show the promise of lifelong care is becoming more and more doubtful with new children entering the program.