University Medical Center officials expressed relief after a Stafford County Circuit Court judge Thursday dismissed the $31 million dollar lawsuit filed by Paula Johnson, the mother of one of two babies switched at birth at the Medical Center over four years ago.
Johnson's lawsuit named 17 physicians and nurses, including Medical Center Chief of Staff Thomas Massaro and Robert Cantrell, vice president and provost of health sciences, claiming fraud, negligence and violation of constitutional rights.
In a 16-page decision, Circuit Judge James Haley Jr. dismissed the case, citing that the statute of limitations had run out before the case was filed. In his decision, Haley said the suit would need to be filed within two years of the malpractice, even if during that time the plaintiff did not know it happened. The baby switch occurred July 1, 1995 but was not discovered until the summer of 1998 when paternity tests found that Johnson's biological daughter was not Callie Conley, the child that she had raised since birth, but was Rebecca Grace Chittum, who was raised by the late Tamara Rogers and Kevin Chittum.
In the ruling, Haley said that with the many legal problems in the suit the case did not have "legal sufficiency" to continue. He also said Johnson suffered no physical injury as a result of the switch and then rejected the claim that the hospital had violated Johnson's civil rights by denying her the right to raise her own child. The ruling also dismissed the claim that Cantrell and Massaro committed fraud by making false statements to conceal the hospital's negligence in the case.
Haley based his ruling on arguments presented to the court Dec. 6.
Johnson's case "did not have one shred of evidence to show the medical center committed fraud," Cantrell said. "We are pleased the legal issue is no longer an overshadowing presence for our staff."
Lawyers from Virginia Attorney General Mark L. Earley's office represented the Medical Center in this case.
"The Commonwealth is very pleased by this decision," said David Botkins, spokesman for the Attorney General's office. "Our sympathies have always been for the children in this case."
While Johnson still can appeal Thursday's ruling and try to continue the case, she repeatedly has rejected a $2 million settlement offered by the state. The University never has admitted liability. It conducted two inconclusive investigations.
Johnson could not be reached for comment yesterday. Her lawyer, Cynthia Johnson, said she could not discuss case specifics.
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