(KNOX/Valley News Live) –Two families from North Dakota are suing a Grafton hospital and are accusing staff of switching two newborns at birth more than 36 years ago. The hospital denies the allegations and is asking a judge to throw out the case.
Both the complaint and the hospital’s answer were drafted in 2024, and were officially filed on July 7 in Walsh County District Court. Christian Unity Hospital Corporation, which was business as Unity Medical Center in Grafton, has been named as the defendant.
Kyle Bylin and Jeremy Morrison were both born at Unity Medical Center on Jan. 26, 1988, and they were the only two babies born at the hospital that day. Plaintiffs allege hospital staff switched the infants, sending each home with the opposite set of parents.
Evelyn Newton and Keith Bylin raised Jeremy Morrison believing he was their biological son, and Elizabeth O’Toole and Terry Morrison raised Kyle Bylin under the same belief. The complaint says this switch went undiscovered for more than 36 years.
The six plaintiffs, which includes the two men and their respective sets of parents, are making several claims against the hospital. They are claiming negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, deceit, and medical malpractice.
Unity Medical Center has denied these allegations and the hospital’s attorneys argued its staff “possessed and exercised the appropriate degree of skill and learning” and “at all times used reasonable care, judgment, and diligence.”
The hospital is asking the court to dismiss the case with prejudice. Among its defenses, Unity Medical Center argues the lawsuit may be barred by the statute of limitations, citing “the length of time that has passed between the alleged incident and the service of this lawsuit.” The hospital also raised comparative fault as a potential defense, suggesting damages, if any, could be attributable to parties other than the hospital.
The plaintiffs are seeking more than $50,000 in damages and both sides have demanded a jury trial.
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