Wednesday, November 17, 2004

Mother's emotional distress claim preempted by birth-related neurological injury law

In Cooper v. Adler, a panel of the Virginia Court of Appeals in an opinion by Judge Frank joined by Judge Clements and Senior Judge Willis held that the plaintiff's mother's claim for emotional distress as the result of malpractice committed on her unborn child was barred by the Birth-related Neurological Injury Act.

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