The longstanding lawsuit against the University Medical Center for accidentally switching two babies at birth in 1995 ended yesterday with a settlement worth $2.3 million.
The Virginia Supreme Court was scheduled to rule today on whether to hear the $31 million lawsuit filed by Paula K. Johnson, the mother of one of the daughters that was switched in the hospital mix-up.
"Now that the legal issues are resolved, we hope that everyone involved can get past this very unfortunate situation," said William E. Carter Jr., the Health System's chief operating officer.
Johnson will receive a $475,000 cash settlement. A $200,000 trust will be set up for the child she is raising, Callie Conley.
Under the settlement, Callie also will receive $50,000 annually, beginning in 2013 when she reaches the age of 18. That amount will increase to $75,000 a year when she reaches 22.
When she is 30 years old, Callie will receive a lump payment of $750,000.
The settlement also includes $150,000 for Johnson's attorney fees.
An earlier settlement offer, rejected by Johnson, would have given her a lower cash payment of $200,000.
The settlement finally brings to a close the legal issues surrounding the switch that occurred in July 1995 and was not discovered until three years later.
After a state investigation failed to uncover how the baby switch occurred, Johnson filed a suit against the University Medical Center in May 1999.
Yesterday's settlement also dismisses part of an additional $48 million suit that Johnson filed in June against the state, hospital employees, and an infant identification wristband company.
The settlement roughly matches the $2 million the state offered in February 1999 to the families raising the other child involved in the switch, Rebecca Chittum. Her parents, Kevin and Whitney Chittum, died in a car crash in July 1998 without ever learning of the switch.
The Chittum settlement will pay Rebecca the same amount and on the same schedule denoted in Callie's settlement. However, the Chittum settlement only gives the families $120,000 in cash.
"We're all relieved that this sad situation has come to an end," said Thomas A. Massaro, senior associate vice president for clinical affairs. "This is probably the final word on a long issue ... the solution is good for everyone involved"
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