Jeff Charles Hammer, M.D. v. D.S., Crystal Senecal

OPINION BY

JUDGE MARY GRACE O’BRIEN

D.S. (“claimant” or “the child”) and Crystal Senecal filed a medical malpractice suit against the physicians who provided prenatal care to Ms. Senecal, the child’s mother. In defense of the claim, the physicians (“appellants”) asserted statutory tort immunity under the Virginia Birth-Related Neurological Injury Compensation Act, Code §§ 38.2-5000 to -5021. At appel lants’ request, the circuit court transferred the case to the Workers’ Compensation Commission (“the Commission”) to determine whether claimant was required to accept compensation under the Act…