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CENTRAL VIRGINIA OBSTETRICS v. WHITFIELD

Record Nos. 0399-03-2, 0400-03-2.

590 S.E.2d 631 (2004)

42 Va. App. 264

CENTRAL VIRGINIA OBSTETRICS & GYNECOLOGY ASSOCIATES, P.C., and Kwasi A. Debra, M.D. v. Lawanda P. WHITFIELD, Administratrix of the Estate of DeJuan L. Whitfield-Smith. Chippenham & Johnston-Willis Hospital, Inc. v. Virginia Birth-Related Neurological Injury Compensation Program.

Court of Appeals of Virginia, Salem.

January 13, 2004.

Attorney(s) appearing for the Case

Kathleen M. McCauley, Richmond; Linda B. Georgiadis; (Michael L. Goodman; Anthony Tacconi; Matthew D. Joss, Richmond; Goodman, Allen & Filetti, PLLC; LeClair Ryan, Richmond, on briefs), for appellants.

William C. Carr, Jr. (Emroch & Kilduff, L.L.P., on brief), Richmond, for appellee Lawanda P. Whitfield, Administratrix of the Estate of Dejuan L. Whitfield-Smith, Deceased.

Scott John Fitzgerald, Assistant Attorney General (Jerry W. Kilgore, Attorney General; Judith Williams Jagdmann, Deputy Attorney General; Edward M. Macon, Senior Assistant Attorney General, on brief), for appellee Virginia Birth-Related Neurological Injury Compensation Program.

Present: HUMPHREYS, FELTON and KELSEY, JJ.

D. ARTHUR KELSEY, Judge.

Dejuan Whitfield-Smith died within a couple of hours after his birth. His estate filed a malpractice action in Richmond Circuit Court against Chippenham & Johnston-Willis Hospital, Inc., Central Virginia Obstetrics & Gynecology Associates, P.C., and Kwasi A. Debra, M.D. In defense of this claim, the defendants asserted statutory tort immunity under the Virginia Birth-Related Neurological Injury Compensation Act, Code §§ 38...

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