                                 CODE OF VIRGINIA

INFANTS DYING SHORTLY AFTER BIRTH (§ 38.2-5009.1)

A. 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&#8217;s family, which award shall be
in addition to and not in lieu of any other award providing compensation as
provided in &#xA7; 38.2-5009.

B. 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.

C. The hearing referred to in subsection B may be conducted as part of a hearing
conducted pursuant to &#xA7; 38.2-5009. The same procedural requirements
applicable to a hearing conducted pursuant to &#xA7; 38.2-5009 shall apply to a
hearing conducted hereunder.

D. As used in this section, an infant&#8217;s family means the infant&#8217;s
father, mother, or both, or if neither is a party to the proceeding, the
infant&#8217;s legal guardian.

HISTORY: 2003, c. 897.