A Silver Creek family has reached a settlement with Silver Creek Central School and its insurance carrier to settle a lawsuit originally filed in 2019.

The original filing said the child, who was 5 years old when he turned, became disoriented, tripped over a bench and hit his head on a concrete slab while walking to the bus stand from the Silver Creek Elementary School entrance.

The case has moved its way through the state Supreme Court in Mayville for the past six years before the settlement order was entered by Justice Grace Hanlon on June 20. The settlement consists of up-front and periodic payments totaling $1 million by the school’s insurance carrier, Utica National Insurance Company of Ohio.

Rich Hall, the attorney representing the child and the child’s mother, said in an attorney’s affidavit filed June 20 that the child suffered a hematoma to the right side of his brain, an injury that has resulted in the child living with a traumatic brain injury since the incident. The child went to the school nurse’s office before the child’s mother picked the child up from school. Later that evening the child woke up in pain and was taken to a local emergency room before being flown via Mercy Flight to Oishei Children’s Hospital for treatment that included surgery and followup appointments with a neurologist at UB Neurosurgery. The child’s mother said in an affidavit the child has no continuing complaints and future treatments aren’t needed.

“Your affiant recommends approval of the proposed settlement because their investigation leads to the conclusion that the sum of money being offered, given the facts and circumstances surrounding the subject accident and the limited medical treatment, is fair and reasonable. Furthermore, your affiant believes that the chances of collecting a greater settlement through further litigation are remote,” Hall wrote.

Hall’s firm, Cantor, Wolff, Nicastro and Hall, will receive one-third of the settlement while the child will receive lump sum payments in 2031, 2024, 2038 and 2043, as well as monthly payments starting in 2043 and continuing monthly for at least 40 years through August 2083. The child’s mother will receive $50,000 to help pay for educational support for the child that includes tutoring and additional educational services.

“Given the circumstances of this case, the need for such educational assistance is essential to help the child overcome any challenges arising from the incident,” Hall wrote. “The allocation will ensure that the child receives the necessary resources and support to achieve academic success and well-being, with the mother directly involved in facilitating the tutoring services.”