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Bill

SB 398

Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.

2026 Regular Session Introduced by Jeremy McPike and 2 co-sponsors

Virginia establishes a no-fault compensation program for birth-related neurological injuries, allowing families to claim damages without proving medical negligence.

Governor's recommendation received by Senate
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WeVote Research Nonpartisan
Bill Summary · SB 398

Legislative bill overview

SB 398 establishes a Birth-Related Neurological Injury Compensation Program in Virginia, creating a no-fault insurance system to compensate families whose children suffer permanent neurological injuries resulting from birth. The bill sets up a dedicated fund and defines the process for filing and adjudicating compensation claims for eligible birth-related injuries.

Why is this important

Birth-related neurological injuries (such as cerebral palsy from obstetric negligence) typically require families to pursue lengthy medical malpractice lawsuits to recover damages. A no-fault compensation program provides faster, more predictable payouts without proving negligence, potentially reducing litigation costs while ensuring injured children receive timely support for medical care and rehabilitation. This addresses a significant gap in Virginia's medical injury compensation landscape.

Potential points of contention

  • Program funding and cost: Questions about how the fund will be financed (through patient fees, provider taxes, or general revenue) and whether premiums/contributions are sustainable long-term
  • Eligibility criteria and scope: Disputes over which neurological injuries qualify, causation standards, and whether coverage adequately captures all birth-related conditions or excludes certain categories unfairly
  • Compensation caps and adequacy: Debate over whether benefit levels are sufficient for lifetime care needs and how they compare to traditional malpractice awards families might otherwise receive

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

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