2 families sue hospital, alleging staff members switched newborns at birth 36 years ago

GRAFTON, N.D. (KVLY/Gray News) - Two families are suing a hospital in North Dakota, alleging staff switched two newborns at birth more than 36 years ago.

The complaint was filed July 7 in Walsh County District Court, naming Christian Unity Hospital Corporation, doing business as Unity Medical Center in Grafton, as the defendant.

According to the complaint, Kyle Bylin and Jeremy Morrison were born at Unity Medical Center on Jan. 26, 1988, and were the only two babies born that day at the hospital.

However, the plaintiffs allege hospital staff switched the infants, sending each home with the other’s biological parents, leaving the men to be raised by the wrong families without anyone knowing.

The complaint states the mix-up went undiscovered for more than 36 years.

The plaintiffs consist of the two men and their respective sets of parents who assert five claims against the hospital: negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, deceit, and medical malpractice.

They are seeking more than $50,000 in damages and have demanded a jury trial.

In its answer, Unity Medical Center denied every allegation.

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.

Both sides have demanded a jury trial.