Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, February 8, 1992 TAG: 9202080313
SECTION: VIRGINIA PAGE: A6 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
GIRL, 3, GETS FIRST BIRTH-INJURIES AWARD
A Norfolk girl who suffers from cerebral palsy and a seizure disorder is the first recipient of an award through Virginia's 5-year-old Birth-Related Neurological Compensation Program.The fund, created five years ago by the General Assembly, has collected more than $35 million from physicians and hospitals to provide care for children injured badly at birth.
The parents of Jamie Michelle Wells, 3, said her injuries resulted when she was deprived of oxygen during birth.
The Virginia Workers' Compensation Commission split 2-1 this week in overturning a decision by a hearing examiner and awarding benefits for the girl's care.
Under the program, benefits come in the form of reimbursements for expenses rather than a lump sum that typically would result from a lawsuit. Benefits include reasonable, medical, custodial and rehabilitative expenses that result from injuries such as Jamie's.
Payments begin only after all private insurance benefits have been exhausted.
In Jamie's case, her family had no insurance. Medicaid had paid for her care at a hospital for severely injured infants.
With the money from the program, her parents now hope to pay for private-duty nurses so she can be kept at home, said William Breit, an attorney representing the little girl. The cost of such care has not been determined.
To receive benefits under the program, a child must suffer neurological injuries during delivery, and those injuries must be so severe that the child is in permanent need of assistance in all activities.
Assistant Attorney General Janice Sigler, who is attorney for the program, contended that Jamie was in severe distress before delivery.
The baby might have suffered some loss of oxygen during birth, but that deprivation had little effect on her condition, Sigler argued.
Breit acknowledged Jamie's major injuries might have occurred before she was admitted to a hospital. But the baby continued to suffer oxygen deprivation during delivery and therefore was entitled to benefits under the program, he said.
Commissioners William O'Neill and Charles James agreed with Breit in an opinion made public Thursday.
Commissioner Robert Joyner dissented. He said the commission heard no evidence that oxygen deprivation during birth resulted in a greater injury.
Memo: shorter version ran in the Metro edition.