While the presidential candidates debate whether federal funding of Planned Parenthood should be discontinued, based on their particular views of when a “child” becomes a “child,” a 2012 amendment to the Virginia Code paved the way for a recent case of first impression.
photo courtesy of Split Shire
Prior to July 1, 2012, Virginia case law did not allow for a recovery based on the death of an unborn child. The 2012 amendment created a cause of action for damages for the death of an unborn child resulting from negligence, medical malpractice, or domestic abuse.
In 2014, a 38-year old woman, who was seven months pregnant with her first child, died in an automobile collision caused by a negligent driver. Her unborn child died as well. The woman’s husband and the father of her unborn child received a settlement of $500,000 for the wrongful death of his wife and an additional $500,000 for the wrongful death of his unborn child.
The debate goes on . . .
