COOPER v. ADLER

Record No. 2836-03-4.

604 S.E.2d 747 (2004)

44 Va. App. 268

Djuana COOPER v. Alf ADLER, M.D., The Adler Center for Women's Health, P.L.C, Peter A. Bryce, M.D., Christine Polesky, CNMW, Potomac Hospital Corporation of Prince William County, and Virginia Birth-Related Neurological Injury Fund.

Court of Appeals of Virginia.

November 16, 2004.


Attorney(s) appearing for the Case

Gerald R. Walsh (Gerald R. Walsh, P.C., on briefs), Fairfax, for appellant.

Marc A. Brown (Stephen L. Altman; Hamilton, Altman, Canale & Dillon, L.L.C., on brief), Fairfax, for appellees Alf Adler, M.D. and The Adler Center for Women's Health, P.L.C.

Michael E. Olszewski (Richard L. Nagle; Hancock, Daniel, Johnson & Nagle, P.C., on brief), Glen Allen, for appellee Potomac Hospital Corporation of Prince William County.

(Susan L. Mitchell; McCarthy, Massey & Mitchell, P.C., on brief), for appellee Peter A. Bryce, M.D. Appellee Peter A. Bryce, M.D. submitting on brief.

(Jerry W. Kilgore, Attorney General; Judith Williams Jagdmann, Deputy Attorney General; Edward M. Macon, Senior Assistant Attorney General; Scott John Fitzgerald, Assistant Attorney General, on brief), for appellee Virginia Birth-Related Neurological Injury Compensation Fund. Appellee Virginia Birth-Related Neurological Compensation Fund submitting on brief.

No brief or argument for appellee Christine Polesky, CNMW.

Present: WILLIS, S.J., FRANK and CLEMENTS, JJ.


FRANK, Judge.

Djuana Cooper (Cooper) appeals a decision from the Virginia Workers' Compensation Commission (commission) awarding benefits to her decedent infant son, Amori, pursuant to the Virginia Birth-Related Neurological Injury Compensation Act (Act). Code §§ 38.2-5000 to 38.2-5021. Cooper claims the commission erred in: (1) adjudicating her common law claim of emotional distress; (2) transforming her common...

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