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MEADOR v. BIRTH-RELATED INJURY

Record No. 0227-04-3.

604 S.E.2d 88 (2004)

44 Va. App. 149

In re Kyle Wade MEADOR, Infant Complainant by Guardian and Next Friend of Kyle Wade Meador, his Parents Terri Jean and Halsey Meador, George Maxymiv, M.D., Mark W. Gustafson, M.D., Jane Doe, R.N. or L.P.N., Lewis-Gale Clinic, L.L.C. and Lewis-Gale Clinic, Inc. v. VIRGINIA BIRTH-RELATED NEURO-LOGICAL INJURY COMPENSATION PROGRAM.

Court of Appeals of Virginia, Salem.

October 26, 2004.

Attorney(s) appearing for the Case

John T. Jessee, Joseph M. Rainsbury, Bettina Altizer (Flippin, Densmore, Morse & Jessee; Altizer & Altizer, on briefs), Roanoke, for appellants.

Scott J. Golightly (Hirschler Fleischer, on brief), Richmond, for appellee.

Present: ANNUNZIATA and KELSEY, JJ., and OVERTON, S.J.

KELSEY, Judge.

This appeal presents the question of whether the Virginia Birth-Related Neurological Injury Compensation Act, Code §§ 38.2-5000 to 38.2-5021—which provides statutory compensation to claimants and tort immunity to malpractice defendants for certain birth-related injuries—applies to the unique circumstances of this case. The Workers' Compensation Commission held the Act does not apply...

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