{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5009.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5009.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5009.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5009.1.html"}],"law_id":87239,"edition_id":1,"section_id":87239,"structure_id":13218,"section_number":"38.2-5009.1","catch_line":"Infants dying shortly after birth","history":"2003, c. 897.","full_text":"A\n\nFor births occurring on or after July 1, 2003, if the Commission determines that an infant has sustained a birth-related neurological injury and that obstetrical services were delivered by a participating physician at the birth or that the birth occurred in a participating hospital, and the infant dies within 180 days of birth, the Commission, in its discretion, may make an award in an amount not exceeding $100,000 to the infant’s family, which award shall be in addition to and not in lieu of any other award providing compensation as provided in § 38.2-5009.B\n\nPrior to making an award pursuant to this section, the Commission shall conduct a hearing for the purpose of determining whether such award is appropriate and, if so, the proper amount of such an award and how it should be paid, after receiving evidence pertaining to sorrow, mental anguish, solace, grief associated with the death of the infant, and all other material factors that are relevant.C\n\nThe hearing referred to in subsection B may be conducted as part of a hearing conducted pursuant to § 38.2-5009. The same procedural requirements applicable to a hearing conducted pursuant to § 38.2-5009 shall apply to a hearing conducted hereunder.D\n\nAs used in this section, an infant’s family means the infant’s father, mother, or both, or if neither is a party to the proceeding, the infant’s legal guardian.","order_by":null,"text":{"0":{"id":312401,"text":"For births occurring on or after July 1, 2003, if the Commission determines that an infant has sustained a birth-related neurological injury and that obstetrical services were delivered by a participating physician at the birth or that the birth occurred in a participating hospital, and the infant dies within 180 days of birth, the Commission, in its discretion, may make an award in an amount not exceeding $100,000 to the infant’s family, which award shall be in addition to and not in lieu of any other award providing compensation as provided in § 38.2-5009.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312402,"text":"Prior to making an award pursuant to this section, the Commission shall conduct a hearing for the purpose of determining whether such award is appropriate and, if so, the proper amount of such an award and how it should be paid, after receiving evidence pertaining to sorrow, mental anguish, solace, grief associated with the death of the infant, and all other material factors that are relevant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":312403,"text":"The hearing referred to in subsection B may be conducted as part of a hearing conducted pursuant to § 38.2-5009. The same procedural requirements applicable to a hearing conducted pursuant to § 38.2-5009 shall apply to a hearing conducted hereunder.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":312404,"text":"As used in this section, an infant’s family means the infant’s father, mother, or both, or if neither is a party to the proceeding, the infant’s legal guardian.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13218,"edition_id":1,"name":"Virginia Birth-Related Neurological Injury Compensation Act","identifier":"50","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":217589,"object_type":"structure","relational_id":13218,"identifier":"50","token":"38.2\/50","url":"\/38.2\/50\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74067,"structure_id":13218,"section_number":"38.2-5000","catch_line":"Short title","url":"\/38.2-5000\/","token":"38.2\/50\/38.2-5000","metadata":false},{"id":83577,"structure_id":13218,"section_number":"38.2-5001","catch_line":"Definitions","url":"\/38.2-5001\/","token":"38.2\/50\/38.2-5001","metadata":false},{"id":77129,"structure_id":13218,"section_number":"38.2-5002","catch_line":"Virginia Birth-Related Neurological Injury Compensation Program; 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notice if assessments prove insufficient","url":"\/38.2-5021\/","token":"38.2\/50\/38.2-5021","metadata":false}],"previous_section":{"id":78254,"structure_id":13218,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","url":"\/38.2-5009\/","token":"38.2\/50\/38.2-5009","metadata":false},"next_section":{"id":79332,"structure_id":13218,"section_number":"38.2-5010","catch_line":"Rehearing on Commission determination or award","url":"\/38.2-5010\/","token":"38.2\/50\/38.2-5010","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5009.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 897<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":54316,"section_number":"38.2-5016","catch_line":"Board of directors; appointment; vacancies; term; list of Program claimants","order_by":null,"url":"\/38.2-5016\/"}],"refers_to":[{"id":78254,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","order_by":null,"url":"\/38.2-5009\/"}],"permalink":{"id":217647,"object_type":"law","relational_id":87239,"identifier":"38.2-5009.1","token":"38.2\/50\/38.2-5009.1","url":"\/38.2-5009.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5009.1\/","token":"38.2\/50\/38.2-5009.1","dublin_core":{"Title":"Infants dying shortly after birth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5009.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For births occurring on or after July 1, 2003, if the Commission<\/span> determines that an infant has sustained a birth-related neurological injury<\/span> and that obstetrical services were delivered by a participating physician<\/span> at the birth or that the birth occurred in a participating hospital<\/span>, and the infant dies within 180 days of birth, the Commission<\/span>, in its discretion, may make an award in an amount not exceeding $100,000 to the infant’s family, which award shall be in addition to and not in lieu of any other award providing compensation as provided in § 38.2-5009<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to making an award pursuant to this section, the Commission<\/span> shall conduct a hearing<\/span> for the purpose of determining whether such award is appropriate and, if so, the proper amount of such an award and how it should be paid, after receiving evidence<\/span> pertaining to sorrow, mental anguish, solace, grief associated with the death of the infant, and all other material<\/span> factors that are relevant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The hearing<\/span> referred to in subsection B may be conducted as part of a hearing<\/span> conducted pursuant to § 38.2-5009<\/a>. The same procedural requirements applicable to a hearing<\/span> conducted pursuant to § 38.2-5009<\/a> shall apply to a hearing<\/span> conducted hereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> As used in this section, an infant’s family means the infant’s father, mother, or both, or if neither is a party<\/span> to the proceeding, the infant’s legal guardian. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINFANTS DYING SHORTLY AFTER BIRTH (\u00a7 38.2-5009.1)\n\nA. For births occurring on or after July 1, 2003, if the Commission determines\nthat an infant has sustained a birth-related neurological injury and that\nobstetrical services were delivered by a participating physician at the birth or\nthat the birth occurred in a participating hospital, and the infant dies within\n180 days of birth, the Commission, in its discretion, may make an award in an\namount not exceeding $100,000 to the infant’s family, which award shall be\nin addition to and not in lieu of any other award providing compensation as\nprovided in § 38.2-5009.\n\nB. Prior to making an award pursuant to this section, the Commission shall\nconduct a hearing for the purpose of determining whether such award is\nappropriate and, if so, the proper amount of such an award and how it should be\npaid, after receiving evidence pertaining to sorrow, mental anguish, solace,\ngrief associated with the death of the infant, and all other material factors\nthat are relevant.\n\nC. The hearing referred to in subsection B may be conducted as part of a hearing\nconducted pursuant to § 38.2-5009. The same procedural requirements\napplicable to a hearing conducted pursuant to § 38.2-5009 shall apply to a\nhearing conducted hereunder.\n\nD. As used in this section, an infant’s family means the infant’s\nfather, mother, or both, or if neither is a party to the proceeding, the\ninfant’s legal guardian.\n\nHISTORY: 2003, c. 897.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}