Attorney: DCS settles suit in child's death

LAGRANGE, Ind. (AP) - The Indiana Department of Child Services has settled its part of a lawsuit involving the death of a 16-month-old girl in foster care.

The lawyer for the girl's mother, Kelli Sprunger, told the South Bend Tribune that the agency has agreed to pay her $150,000 for its alleged role in the March 2009 death of her daughter, Alissa Guernsey.

"There is a settlement," DCS spokeswoman Stephanie McFarland confirmed to The Associated Press on Saturday. "We were just waiting for all the paperwork to be done ... I think it's been signed by all the parties."

McFarland said in a statement that the settlement didn't assign fault, nor could it reflect the value of a child's life.

The toddler died from unexplained injuries in early 2009, a few months after she was placed with Sprunger's cousin, Christy Shaffer, by the DCS.

The autopsy report said the child's medical history indicated previous injuries. The autopsy also found bleeding inside the girl's skull, an inch-long cut inside her mouth that was starting to heal and multiple facial bruises.

Sprunger originally filed the lawsuit in LaGrange Circuit Court, but in June 2010, the case was moved to federal court in Fort Wayne. DCS was one of several parties named in the complaint.

Shaffer claimed she didn't know how Alissa received her injuries and denied striking the toddler. Shaffer was convicted of neglect and sentenced to four years in prison, but released after serving 77 days.

The lawsuit claimed the DCS caseworker assigned to the case did not pay enough attention to the frequency of the girl's injuries. The caseworker no longer works for the agency.

Attorney Kevin Likes, who represents Sprunger, told the Tribune that he considers a $150,000 mediated settlement with a government agency a victory.

Sprunger said she plans to use the money to pay for surgery for another of her daughters, who is disabled.