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HAMMER v. D.S.

Record No. 0877-16-1.

796 S.E.2d 454 (2017)

67 Va. App. 388

Jeff Charles HAMMER, M.D., Linda Joy Mathison-Ezieme, M.D. and Virginia Center for Women, Inc. d/b/a Virginia Center for Women v. D.S., Crystal Senecal, Jamie Senecal, and the Virginia Birth-Related Neurological Injury Fund.

Court of Appeals of Virginia, Norfolk.

February 28, 2017.

Attorney(s) appearing for the Case

Jason R. Davis ( Mary Elizabeth Sherwin ; Kaufman & Canoles, P.C., on briefs), Norfolk, for appellants.

Carla R. Collins , Senior Assistant Attorney General; Judith M. Cofield , Virginia Beach ( Mark R. Herring , Attorney General; Rhodes B. Ritenour , Deputy Attorney General; Nicholas F. Simopoulos , Senior Assistant Attorney General, on brief), for appellees.

Present: Judges Humphreys, Beales and O'Brien

D.S. ("claimant" or "the child") and Crystal Senecal filed a medical malpractice suit against the physicians who provided prenatal care to Ms. Senecal, the child's mother. In defense of the claim, the physicians ("appellants") asserted statutory tort immunity under the Virginia Birth-Related Neurological Injury...

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