
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, March 3, 1990                   TAG: 9003032883
SECTION: VIRGINIA                    PAGE: B2   EDITION: METRO 
SOURCE: 
DATELINE: RICHMOND                                LENGTH: Short

MOTHER, CHILD ALLOWED MALPRACTICE CLAIM LIMIT

The Virginia Supreme Court ruled Friday that a mother and a child injured at birth each may recover an amount up to the limit set by state law on medical malpractice claims.

The issue arose from $8.3 million in jury verdicts for Roger and Helen Boyd and their brain-damaged daughter, Veronica.

Veronica's parents contended that the brain damage resulted from negligence on the part of Dr. R.A. Bulala, an obstetrician, during Veronica's delivery at a hospital in Southwest Virginia in January 1982.

Bulala argued that state law required that the total award be reduced to $750,000, the limit on the recovery in medical malpractice actions when Veronica was born. Michael ruled that the limit was unconstitutional and affirmed the verdicts.

However, the state Supreme Court ruled in January 1989 that the limit was constitutional, and the 4th U.S. Circuit Court of Appeals last June agreed.

In Friday's ruling, the Supreme Court said Bulala's negligence resulted in injury to both the mother and the child and each could recover for that negligence.

However, the court held that the father's emotional distress claim derived from the injuries to the child. Because the amount awarded to the child exceeded the limit, the father could recover none of the amount awarded to him, the court ruled.

- Associated Press

by CNB