What Is the Switched at Birth Lawsuit?
The Switched at Birth lawsuit is a North Dakota civil case over two newborn boys allegedly switched in 1988.
Kyle Bylin, Jeremy Morrison and their parents sued Christian Unity Hospital Corporation, which runs Unity Medical Center in Grafton.
The complaint says the two men were the only babies born at the hospital on January 26, 1988. It says staff sent each baby home with the other's biological parents.
The families say DNA tests revealed the mix-up after roughly 35 years. The hospital denies the allegations.
It is a private civil suit, not a class action or multidistrict litigation. No claim exists for outsiders to join. The case also has no reported connection to Switched at Birth, the television series that ran from 2011 to 2017.
Why Was the Switched at Birth Lawsuit Filed?
The Switched at Birth lawsuit was filed because two families say hospital staff sent newborns home with the wrong parents.
The complaint alleges hospital employees or agents switched the newborns. It says they then failed to recognize or correct the error.
The families say nobody suspected a switch until Kyle Bylin received an at-home DNA test as a Christmas gift. It matched him to Jeremy Morrison's aunt on a genealogy platform.
Morrison then took his own test. Family DNA and paternity tests at a local facility indicated each man had been raised by the other's biological family.
The families did not sue right away. Attorney Tim O'Keeffe told the Associated Press he spent about a year seeking a monetary settlement before filing.
What Harms Does the Switched at Birth Lawsuit Allege?
The Switched at Birth lawsuit alleges five legal claims, each describing a different kind of harm from the alleged switch.
The plaintiffs are the two men and their parents. Public reporting does not say which plaintiff pleads which claim.
The hospital denies every claim, and no court has tested any of them.
Negligence
Negligence is a legal claim that someone failed to use reasonable care and that failure caused harm to another person.
The plaintiffs allege hospital staff failed to use reasonable care when identifying and handing over the two newborns. They say that failure placed each boy with the wrong family.
Negligence is the broadest of the five claims because it does not require proof that anyone acted on purpose.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress is a legal claim that extreme, deliberate or reckless conduct caused severe emotional suffering.
The families plead this claim against the hospital as the employer of the staff involved. Reports do not describe which conduct the complaint treats as intentional.
Courts generally set a high bar for this claim. A plaintiff usually must show conduct well beyond ordinary carelessness.
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress is a legal claim that careless conduct caused serious emotional harm without physical injury.
This claim centers on the emotional toll of learning decades later that each son was raised by the other's family.
Evelyn Newton raised Kyle Bylin. She told the Associated Press she feels "robbed of the life I should have had with my biological son."
Deceit
Deceit is a legal claim that someone misled another person by stating or concealing a fact, causing harm.
Coverage of the complaint lists deceit among the five claims without describing the alleged misstatement or concealment.
The complaint text itself was not publicly available in the sources reviewed for this page.
Medical Malpractice
Medical malpractice is a legal claim that a provider's care fell below professional standards and injured a patient.
The plaintiffs plead malpractice alongside ordinary negligence. The claim applies the professional-standard idea to the handling and identification of two newborns on one day.
Malpractice claims also carry their own filing deadlines, which become central to this case, as the hospital's response below explains.
What Is the Current Status of the Switched at Birth Lawsuit?
The current status of the Switched at Birth lawsuit is early pleadings, with no ruling, hearing date or settlement reported.
This status reflects coverage reviewed through October 6, 2026. Both sides have demanded a jury trial.
Neither the presiding judge nor the case number appeared in the coverage reviewed.
Walsh County District Court Case Against Unity Medical Center
Two men and their parents filed this case in Walsh County District Court on July 7, 2026. The hospital's answer denies every allegation and asks the court to dismiss the case with prejudice.
| Court | Walsh County District Court, North Dakota |
| Filed | July 7, 2026 |
| Plaintiffs | Kyle Bylin, Jeremy Morrison and their parents (six plaintiffs) |
| Defendant | Christian Unity Hospital Corporation, doing business as Unity Medical Center, Grafton |
| Claims | Five claims |
| Damages Sought | More than $50,000 |
| Jury Trial | Demanded by both sides |
| Status | Early pleadings; no ruling reported |
Most coverage based on the complaint gives the birth date as January 26, 1988. A WDAY report republished by the Twin Cities Pioneer Press gives January 28. The exact day is unsettled in public reporting.
How Much Is the Switched at Birth Lawsuit Worth?
The Switched at Birth lawsuit has no established value because it has not settled or reached a verdict.
The complaint seeks more than $50,000 in damages, and reports give no larger figure. Any real outcome depends on proof of damages, the court's rulings and any settlement. Only a qualified attorney can value a specific claim.
Attorney Tim O'Keeffe told the Associated Press he tried for a year to reach a monetary settlement before filing. On July 21, 2026, he and attorney Tatum O'Brien said no talks had taken place since the case became public.
A court abroad has awarded a larger sum in a comparable case. A French court in 2015 awarded about 1.88 million euros ($2.1 million) to two families, according to NBC News. Their babies were switched at a Cannes clinic. Foreign awards do not set a value for a North Dakota jury.
Switched at Birth Lawsuit Updates and Case Status
Switched at Birth lawsuit updates and case status show one Walsh County District Court case in early pleadings as of October 2026. No ruling, trial date or settlement has been reported. The timeline below lists each confirmed development, starting with the alleged 1988 switch.
Switched at Birth Lawsuit Timeline
Two Boys Are Born at Unity Medical Center in Grafton
The complaint says Kyle Bylin and Jeremy Morrison were the only babies born at Unity Medical Center in Grafton on January 26, 1988. The plaintiffs allege hospital staff sent each baby home with the other's biological parents.
A Christmas DNA Test Exposes the Alleged Switch
Kyle Bylin took an at-home DNA test received as a Christmas gift. A genealogy platform matched him to an aunt of Jeremy Morrison. Morrison's own test and family paternity tests then indicated the two men had been raised by each other's biological families. Reports date the discovery to late 2023 or early 2024.
Complaint Is Drafted and the Hospital Answers
Valley News Live reported that the families' complaint was drafted in October 2024 and the hospital's answer in November 2024. Attorney Tim O'Keeffe told the Associated Press he spent a year seeking a monetary settlement before filing.
Families File the Lawsuit in Walsh County District Court
Kyle Bylin, Jeremy Morrison and their parents filed a complaint in Walsh County District Court. It names Christian Unity Hospital Corporation, which does business as Unity Medical Center. The complaint pleads five claims, seeks more than $50,000 in damages and demands a jury trial. The hospital's answer, which denies every allegation, was filed the same day.
Hospital Denies Responsibility and Seeks Dismissal
Unity Medical Center told reporters it found no evidence that its staff caused the switch. It said its 1988 records no longer exist. Its answer asks the court to dismiss the Switched at Birth case with prejudice. It raises the statute of limitations and comparative fault as defenses.
Attorneys Report No Settlement Talks
Fargo attorneys Tim O'Keeffe and Tatum O'Brien told Valley News Live that Unity Medical Center had not contacted them. They said this was true since the Switched at Birth case became public. They said the families are frustrated by the hospital's lack of engagement.
Both Mothers Speak Publicly About the Case
CBS News interviewed Elizabeth O'Toole and Evelyn Newton, the mothers who raised the two men. Jeremy Morrison told CBS he wants an apology. The hospital repeated that it has found no evidence its staff were responsible.
What Evidence Supports the Switched at Birth Lawsuit?
The evidence supporting the Switched at Birth lawsuit is mainly DNA test results. A hospital wristband and two newspaper birth announcements back them up.
- DNA testing: a genealogy match led to family DNA and paternity tests at a local facility. Attorney Tim O'Keeffe called the results overwhelming.
- A hospital wristband: one of the men still has a wristband that carried the wrong name.
- Birth announcements: CBS News reported that the two births appeared side by side in the local newspaper.
- Geography: Morrison says the two men grew up in different areas. He says a daycare switch cannot explain the results.
The hospital does not dispute that the boys were switched at some point. It disputes that its staff caused the switch.
The hospital's own records from 1988 are missing, which limits the paper trail available to either side.
How Has Unity Medical Center Responded to the Switched at Birth Lawsuit?
Unity Medical Center has denied every allegation in the Switched at Birth lawsuit.
Its answer asks the court to dismiss the case with prejudice. It also lists specific defenses.
| Defense | What the hospital argues |
|---|---|
| Reasonable care | Staff "possessed and exercised the appropriate degree of skill and learning" and used reasonable care. |
| Statute of limitations | The suit may be barred because of the length of time between the alleged event and service of the lawsuit. |
| Comparative fault | Any damages could be attributable to parties other than the hospital. |
| Missing records | Medical and staffing records from 1988 no longer exist, and no member of the delivery team is still employed. |
Legal summaries of North Dakota law generally describe a two-year malpractice deadline. It runs from the injury or its discovery. An outer limit of six years applies unless the provider's fraud prevented discovery.
How a court applies those limits to a 1988 event discovered about 35 years later has not been reported. Only a qualified attorney can assess how they apply here.
The hospital also said it recognizes the profound impact the discovery has had on the two men and their families.
How Does the Switched at Birth Lawsuit Compare to Other Baby-Switch Cases?
The Switched at Birth lawsuit resembles other baby-switch cases, many of which surfaced decades later through DNA testing.
Each case turns on its own facts and local law. None of these outcomes binds a North Dakota court.
| Case | Year | What happened | Reported outcome |
|---|---|---|---|
| Larsen v. Banner Health System (Wyoming) | 2003 | Two babies switched in 1958 at Campbell County Memorial Hospital; DNA testing revealed it in 2001. | The Wyoming Supreme Court held plaintiffs could pursue negligence for purely emotional damages under a narrow exception. |
| Families v. Cannes clinic (France) | 2015 | A nurse's assistant switched two newborns in 1994; DNA testing confirmed it in 2004. | A court awarded about 1.88 million euros ($2.1 million) against 12 million euros sought. |
| Two men v. Roman Catholic diocese (West Virginia) | 2020 | Two men who believe they were switched at birth in 1942 sued over the hospital where they were born. | The Associated Press reported the suit alleged negligence and breach of duty; no outcome was reported. |
| Two women v. Norwegian government | 2024 | Two women sued after discovering they had been switched. | The Associated Press reported the suit alleged a breach of human rights; no outcome was reported. |
| Kevin McMahon v. Jamaica Hospital (New York) | 2025 | Two boys were born minutes apart in one hospital. An Ancestry.com result revealed the switch about 64 years later. | The hospital said it had no comment on the lawsuit. |
Only Larsen sets binding precedent, and only in Wyoming.
Frequently Asked Questions
What is the Switched at Birth lawsuit about?
The Switched at Birth lawsuit is about two men who allege Unity Medical Center switched them as newborns in 1988. Their DNA tests showed each had been raised by the other's biological family.
Is the Switched at Birth lawsuit a class action?
No. The Switched at Birth lawsuit is a single civil case, not a class action or MDL. Six plaintiffs, two men and their parents, sue one hospital operator.
Has the Switched at Birth lawsuit settled?
No. The Switched at Birth lawsuit had not settled as of October 6, 2026. The families' attorneys said on July 21, 2026, that no talks had taken place.
Is the Switched at Birth lawsuit connected to the TV show?
No connection between the Switched at Birth lawsuit and the TV show has been reported. Switched at Birth was a television series that ran from 2011 to 2017. This lawsuit concerns a 1988 North Dakota hospital.
Where was the Switched at Birth lawsuit filed?
The Switched at Birth lawsuit was filed in Walsh County District Court in North Dakota on July 7, 2026.
What does Unity Medical Center say about the Switched at Birth lawsuit?
Unity Medical Center says it found no evidence its staff caused the switch. It also says its records from 1988 no longer exist and asks the court to dismiss the case.
Can the families sue this long after the 1988 births?
The families sued this long after the 1988 births. The court has not yet decided whether the statute of limitations bars the case. The hospital argues it may.