When a hospital or physician or certified nurse midwife participates in the Program, no tort action is allowed by law (Virginia Code § 38.2- 5004) when a qualifying birth-related neurological injury occurs.

Instead, a petition and hearing process is used as outlined in the law (Virginia Code § 38.2- 5004 through § 38.2-5014) to determine Program eligibility and award. Program admittance is considered an exclusive remedy (Virginia Code § 38.2- 5004).

Participants receive coverage and reimbursement for medically necessary and reasonable care as well as equipment, supplies, medications, therapies, housing assistance, transportation, financial support and other benefits for life. See our Benefits section for a full description of these benefits.