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Bill

SR 27

A Resolution directing the Legislative Budget and Finance Committee to conduct a study as to the feasibility of establishing a no-fault catastrophic loss fund to provide payment for claims brought as the result of birth-related neurological injuries in Pennsylvania.

2025-2026 Regular Session Introduced by Rosemary Brown and 2 co-sponsors

Pennsylvania will study creating a no-fault compensation fund for birth-related neurological injuries to provide faster victim payments outside traditional medical malpractice litigation.

Adopted
0
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Bill Summary · SR 27

Legislative bill overview

SR 27 directs Pennsylvania's Legislative Budget and Finance Committee to study the feasibility of creating a no-fault insurance fund that would compensate families whose children suffer birth-related neurological injuries. This would establish an alternative to traditional medical malpractice litigation for a specific category of birth injuries, similar to programs that exist in other states.

Why is this important

Birth-related neurological injuries like cerebral palsy can result in lifetime care costs exceeding $1 million per person. Currently, families must pursue costly and time-consuming malpractice lawsuits to recover damages. A no-fault fund could provide faster, more predictable compensation while potentially reducing litigation costs for healthcare providers and the healthcare system overall.

Potential points of contention

  • Cost and funding mechanism: The study must determine how the fund would be financed—through provider assessments, insurance premiums, general revenue, or combination approaches—which could shift costs to hospitals, insurers, or taxpayers
  • Eligibility and compensation caps: Defining which injuries qualify and setting appropriate benefit levels will be contentious, as overly broad programs increase costs while restrictive ones may inadequately help affected families
  • Impact on malpractice litigation: Healthcare providers may view this as reducing liability exposure while plaintiffs' attorneys may oppose it as limiting access to full damages, creating inherent conflict between stakeholder groups

Compiled from official sources — confirm details with the bill’s official record.

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