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1999 SESSION

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SB 826 Claims; Sarah Kelly Duncan.

Introduced by: Madison E. Marye | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Claims; Sarah Kelly Duncan. Provides relief for nine-year-old Sarah Kelly Duncan who was born on March 12, 1989, and suffered severe birth-related neurological injuries during the labor or delivery process because of oxygen deprivation. At the time of Sarah Kelly Duncan’s birth, the definition of birth-related neurological injury included in the statute was stringent and could not be met by some infants who were neurologically injured in a hospital at birth or immediately thereafter. The claim filed on behalf of Sarah Kelly Duncan in 1997 was evaluated on the basis of the early definition and was ultimately denied. However, the objective medical panel’s opinion supported the contention that her condition meets the present definition of “birth-related neurological injury.” The present definition was approved in 1990 through two bills which revised the definition by striking the requirements to be permanently nonambulatory, aphasic, and incontinent and inserting requirements for permanent motor disabilities and developmental disabilities or cognitive disability. The infant must require permanent assistance in all “activities” of daily living.

This bill authorizes the legal representative of Sarah Kelly Duncan to seek relief through the Virginia Birth-Related Neurological Injury Compensation Act as though the current definition of birth-related neurological injury was in effect at the time of her birth. The Workers’ Compensation Commission, which administers this Act, must make a determination of whether the current definition is met and, if so, make an award to Sarah Kelly Duncan under the Act from the Fund.


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