Father in botched paternity test case settles with lab

Amelia Flood Jan. 4, 2011, 7:57am


A man who sued a laboratory that allegedly botched a paternity test over a decade ago has settled his case.

Plaintiff Gerald Spiller and defendant National Legal Laboratories stipulated the suit's dismissal Dec. 27.

Aside from statements that both sides will bear their own costs, no terms of the settlement were disclosed in the stipulation.

Spiller sued National Legal and its parent company for allegedly depriving him of time with a child he fathered when it incorrectly excluded him during a botched paternity test in 1997.

The mistake came to light in 2008.

Sara Pate, the child's mother, filed suit against the labs. That suit was taken to federal court where it also settled.

Spiller sought damages in excess of $50,000 and costs.

The case went to mediation last year.

Randall Steele represents Spiller.

Dale Weppner represents the lab.

Madison County Circuit Judge Dennis Ruth presides.

The case is Madison case number 08-L-519.

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