Ellington v. MacIvor

By Judge T. J. Marrow

This case is before the court on Defendant’s Demurrer and Motion to Dismiss Plaintiffs Motion for Judgment. Defendant moves to dismiss the Motion for Judgment on the grounds that Plaintiffs claims are barred by § 38.2-5002(b). The parties appeared and arguments were heard.

In her Motion for Judgment, Plaintiff alleged that her infant son sustained neurological injuries at birth. Defendant was Plaintiffs obstetrician and delivered the infant. The child’s claim was referred to the Birth Related Neurological Injury Program and the infant son qualified for compensation under…