WASHINGTON — The N.C. Supreme Court has blocked North Carolina from trying to take more than $900,000 from a legal settlement won by the family of a 13-year-old girl who suffered devastating injuries during her birth.
The court ruled 6-3 Wednesday in favor of the family of the girl, identified only as E.M.A. She is severely disabled as a result of what her parents say was a botched delivery.
North Carolina has spent nearly $2 million for her medical care and when the family settled a malpractice lawsuit for $2.8 million, the state claimed a third of the settlement.
Writing for the court, Justice Anthony Kennedy said the state can't claim a share of the settlement as reimbursement for medical care without determining how much of the settlement is attributable to the care.