GRAFTON — Christian Unity Hospital Corporation, doing business as Unity Medical Center, is named as the defendant in the legal action. The parents of Kyle Bylin and Jeremy Morrison are also named as plaintiffs in the lawsuit. The legal filing asserts that each child was raised by the other's biological family for decades.

According to the lawsuit, Bylin and Morrison were the only two babies born at Medical Center on January 26, 1988. The complaint states that employees or agents of the medical center switched the newborns and failed to correct the error while acting within the scope of their employment or agency. The lawsuit alleges that hospital staff switched the newborn and that each child was raised by the other's biological family. The lawsuit claims emotional distress due to negligence and medical malpractice.

The plaintiffs are seeking more than $50,000 in damages and have asked for a jury trial. Attorney Tim O'Keefe stated he tried for a year to reach a monetary settlement with the hospital before filing the lawsuit.

Bylin discovered the truth after receiving an at-home DNA test during a Christmas gift exchange. The DNA test connected Bylin with his biological aunt through a genealogy platform. Morrison took a DNA test after his aunt's nephew, Bylin, was identified on the same platform.

Morrison had taken a DNA test two years prior and learned the parents who raised him were not his biological parents. The results confirmed that Bylin and Morrison had been raised by each other's biological families.

Morrison said he always felt different from his family because he did not have anyone who looked like him. He said he was the blonde-haired kid that stood out in a family full of brown-haired people. He added that he does not have any cousins. He said he was convinced a switch occurred as soon as he saw a photo of Bylin's brother and realized they looked very much alike.

Bylin said that his mind was just completely blown. He said they could have never imagined that it was an actual birth switch that occurred. Bylin said he still has the hospital bracelet that incorrectly identified him as Kyle Bylin.

Morrison lives in Colorado City, Colorado, and works as a welding inspector for a wind energy company. He still considers Elizabeth O'Toole and Terry Morrison, the parents who raised him, to be his parents. Bylin pursued an academic career far from North Dakota.

Bylin and Morrison have each met their biological parents. They described their reunions with their biological parents as welcoming but awkward. The two men have spoken by phone but have not yet met in person.

Medical Center has denied responsibility for the switch, stating there is no evidence hospital staff caused it. The hospital stated it has found no evidence to support claims that the facility or its staff were responsible for what occurred. Attorneys for Medical Center argued that its staff possessed and exercised the appropriate degree of skill and learning and used reasonable care, judgment, and diligence at all times.

The medical center claims the lawsuit may be prohibited by the statute of limitations due to the length of time passed between the alleged incident and the service of the lawsuit. Medical Center raised comparative fault as a defense, arguing that damages could be attributable to parties other than the hospital.

The hospital has demanded a jury trial and asked the court to dismiss the case with prejudice. Medical Center stated it is working to better understand the situation involving two men who were apparently separated from their biological parents at some point during their lives. The facility stated that medical and staffing records that might have provided additional clarity no longer exist due to the passage of nearly four decades.

No members of the delivery team from 1988 are still employed by the hospital, according to the medical center. Medical he stated it recognizes the profound impact the discovery has had on the men and their families. The hospital stated it deeply sympathizes with the men and their families.