New York Indemnity Fund Lawyer for Birth Injury Damages
In 2011, the State of New York created an indemnity fund for birth injury cases. The purpose of the fund is to provide “a funding source for future health care costs associated with birth related neurological injuries.” By the end of 2014, the fund is expected to have grown to $75 million, and by 2015, it should be at $100 million.
What Types of Injuries Does the Fund Cover?
The fund covers neurological injuries that occur in the birth process from either oxygen deprivation or from “mechanical injury” occurring during the birth process. The fund does not provide compensation for injuries that occur outside of the delivery process (such as pre-natal or pre-delivery care).
What Compensation is Provided?
The fund is designed to assist injured plaintiffs with future medical and rehabilitative care and costs arising from their injuries. In many cases, birth injuries are severe, and require life-long care and treatment, which can easily each into the millions of dollars depending upon the severity of the injury.
What are the Future Obligations of the Defendants and Insurers?
The fund is designed to relieve defendants of all of their obligations to pay future medical costs and expenses associated with the birth injury. In other words, if a plaintiff has received a judgment for $10 million for future anticipated medical expenses, the defendant will not have to pay such amount, and the fund instead will pay such expenses as they are incurred; provided, however, that the fund will not relieve private insurers of their obligations, and such insurers will have the primary obligations to make payment, presumably to the maximum amount of the covered benefits that are applicable.
Who May Be Eligible for Fund Benefits?
The fund is open to “qualified plaintiffs” who have suffered a compensable birth injury as described above. The birth injury could have been found to have occurred as the result of the wrongful conduct of the defendant based upon a trial verdict or as part of a settlement. Importantly, the fund liability may become “maxed out,” at which time no new claimants will be allowed to participate, so it will be important for those eligible to make a claim for benefits under the fund as soon as possible.
How We Help
As Ithaca birth injury attorneys in New York, we represent clients who sustained birth injuries as the result of medical malpractice and negligence. We seek for those injured, and for their parents, full compensation for all injuries and damages suffered.
In connection with our representation, we will also review with you the eligibility of your son or daughter for benefits under New York’s Birth Injury Indemnity fund, and will take whatever action may be required in order to seek all eligible benefits.