Fair Oaks Hospital v. Swanson

Fairfax County Circuit Court

Fair Oaks Hospital v. Swanson

34 Va. Cir. 529, 1993 Va. Cir. LEXIS 191

CourtFairfax County Circuit Court

DecidedApril 19, 1993

DocketCase No. (Chancery) 127633

StatusPublished

This text of 34 Va. Cir. 529 (Fair Oaks Hospital v. Swanson) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fair Oaks Hospital v. Swanson, 34 Va. Cir. 529, 1993 Va. Cir. LEXIS 191 (Va. Super. Ct. 1993).

Pincite

Opinion

By Judge Quinlan H. Hancock

This matter is before the Court on Petitioner’s Motion for Summary Judgment in the above-referenced case. Upon careful consideration of all of the evidence presented, both in court and in the various written submissions, as well as a review of applicable statutory authority, this Court grants Petitioner’s Motion.

The underlying case comes to the Court on a Petition for Declaratory Judgment, in which Petitioner asks the Court to declare that the claims asserted by the Respondents must be filed with the Virginia Workers’ Compensation Commission (formerly the Industrial Commission of Virginia) pursuant to the Virginia Birth-Related Neurological Injury Compensation Act (“the Act”), codified at Va. Code § 38.2-5000 et seq.

The Act provides that a child who sustains a birth-related neurological injury as defined in the Act may not sue a participating obstetrician or hospital but must instead file a claim for compensation with the Workers’ Compensation Commission. Effective January 1, 1988, the Act applies to all live births where infants sustain brain or spinal cord injuries caused by oxygen deprivation or mechanical injuries that occur in labor, delivery, or in the immediate post-delivery period. Petitioner Fair Oaks Hospital was, at all times relevant to this proceeding, a participating hospital under the Act.

The Court is not persuaded by Respondents’ argument that the Act does not apply in the instant case. The June 18, 1992, Notice of Claim clearly indicates Respondents’ assertion that Amanda Swanson suffered the kinds of injuries which may fall under the Act’s purview. Furthermore, as Peti[530]*530tioner notes, Respondents’ Answer to Interrogatory No. 3 specifically denies that Amanda was injured by any cause other than one which would bring this case under the Act. This Court is of the opinion that the Workers’ Compensation Commission is the proper forum for a determination of whether Amanda’s injuries are birth-related neurological injuries as defined in the Act.

Free access — add to your briefcase to read the full text and ask questions with AI

By Judge Quinlan H. Hancock

This matter is before the Court on Petitioner’s Motion for Summary Judgment in the above-referenced case. Upon careful consideration of all of the evidence presented, both in court and in the various written submissions, as well as a review of applicable statutory authority, this Court grants Petitioner’s Motion.

The underlying case comes to the Court on a Petition for Declaratory Judgment, in which Petitioner asks the Court to declare that the claims asserted by the Respondents must be filed with the Virginia Workers’ Compensation Commission (formerly the Industrial Commission of Virginia) pursuant to the Virginia Birth-Related Neurological Injury Compensation Act (“the Act”), codified at Va. Code § 38.2-5000 et seq.

The Act provides that a child who sustains a birth-related neurological injury as defined in the Act may not sue a participating obstetrician or hospital but must instead file a claim for compensation with the Workers’ Compensation Commission. Effective January 1, 1988, the Act applies to all live births where infants sustain brain or spinal cord injuries caused by oxygen deprivation or mechanical injuries that occur in labor, delivery, or in the immediate post-delivery period. Petitioner Fair Oaks Hospital was, at all times relevant to this proceeding, a participating hospital under the Act.

The Court is not persuaded by Respondents’ argument that the Act does not apply in the instant case. The June 18, 1992, Notice of Claim clearly indicates Respondents’ assertion that Amanda Swanson suffered the kinds of injuries which may fall under the Act’s purview. Furthermore, as Peti[530]*530tioner notes, Respondents’ Answer to Interrogatory No. 3 specifically denies that Amanda was injured by any cause other than one which would bring this case under the Act. This Court is of the opinion that the Workers’ Compensation Commission is the proper forum for a determination of whether Amanda’s injuries are birth-related neurological injuries as defined in the Act.

Cite This Page — Counsel Stack

Bluebook (online)

34 Va. Cir. 529, 1993 Va. Cir. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fair-oaks-hospital-v-swanson-vaccfairfax-1993.