Two families are suing a North Dakota hospital, alleging hospital staff mistakenly switched two baby boys at birth more than 36 years ago.
Kyle Bylin and Jeremy Morrison were the only two babies born at Unity Medical Center in Grafton, North Dakota, on Jan. 26, 1988, the men and their families said in the lawsuit, according to KVLY. Christian Unity Hospital Corporation, doing business as Unity Medical Center, was named as the defendant.
The plaintiffs allege hospital staff switched the infants and sent them home with the other child’s biological parents, the outlet reported. The two men were then raised by each other’s biological families, allegedly without anyone’s knowledge.
The lawsuit says the switch was not discovered for more than 36 years.
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Two years ago, Morrison, who now lives in Colorado, took a DNA test and learned the parents who raised him were not his biological parents. Morrison told KKTV that his aunt provided DNA, and Bylin matched as her nephew. Morrison said he does not have any cousins.
Morrison told the outlet that he always felt different from the family he grew up with.
“I didn’t have anyone that looked like me in my family,” Morrison said. “I was that blonde-haired kid that stood out in a family full of brown-haired people.”
“I know I definitely wouldn’t be here in Colorado today if I went home with the right parents,” he said. “I would have been working the farm with my older brother that I never knew I had.”
Both sets of parents have met their biological sons, but the two men have not met each other, according to KKTV.
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Unity Medical Center denied the allegations and asked the court to dismiss the case with prejudice.
Attorneys for the hospital argued that its staff “possessed and exercised the appropriate degree of skill and learning” and “at all times used reasonable care, judgment, and diligence,” according to KVLY.
The hospital also claims the lawsuit may be prohibited by the statute of limitations, pointing to “the length of time that has passed between the alleged incident and the service of this lawsuit.”
The plaintiffs are seeking more than $50,000 in damages and have asked for a jury trial.
The hospital also raised comparative fault as a defense, arguing that damages, if any, could be attributable to parties other than the hospital.
The hospital has also demanded a jury trial.
Unity Medical Center said in a statement to KKTV that it is “currently working to better understand a highly unusual situation involving two men who apparently were separated from their biological parents at some point during their lives,” adding: “Both men were born at our hospital on the same day in 1988, and we recognize the profound impact this discovery has had on them and their families.”
“Unfortunately, because of the passage of nearly four decades, the medical and staffing records that might have provided additional clarity no longer exist, and no members of the delivery team from that time are still employed by the hospital,” the statement continued. “While we deeply sympathize with the men and their families, we have found no evidence to support claims that Unity Medical Center or its staff were responsible for what occurred.”
