CLARKESVILLE - Habersham County has reached a partial and limited settlement with the family of a child who was injured by a flash bang device used during the overnight raid of a home outside Cornelia last year.
Habersham County Commissioner Chairman Andrea Harper announced Tuesday night the $964,000 structured settlement reached with the family of Bounkham P. "Bou Bou" Phonesavanh.
County Attorney Donnie Hunt said the settlement is mostly proceeds of an insurance policy the sheriff maintained.
"Most of the money goes either to medical bills or to Baby Bou Bou in an annuity type of structure," Hunt said.
The $964,000, out of the $1-million insurance policy, will be paid out as follows:
* $538,000 to Alecia and Bounkham Phonesavanh in their capacity as parents responsible for the medical expenses of their minor son, Bounkham P. "Bou Bou" Phonesavanh;
* $200,000 to be paid by National Fire to provide for the schedule of future periodic payments to Bounkham P. Phonesavanh;
* $137,000 to Bounkham Phonesavanh for his personal injuries and in his own individual capacity;
* $62,000 to Alecia Phonesavanh for having been subjected to the alleged violations in questions and having witnessed injuries and having been subjected to emotional distress;
* $9,000 to Bounkham Phonesavanh and Alecia Phonesavanh, as parents of Emma, Malee and Bounly Phonesavanh, payable to the parents for a total of $27,000 for the three children.
Under the settlement, the Phonesavanh family agrees they will seek to pay any and all unsatisfied valid hospital liens and/or medical liens, including those liens which are authorized under state or federal law, out of proceeds paid by the Habersham defendants.
In the settlement, the Phonesavanh family agrees to indemnify and hold harmless the Habersham County defendants and their insurer of any further claims arising out of any state or federal statute relating to medical care payments.
"The agreement is that if they obtain a judgment eventually of any amount, they will not pursue either the county general fund or any of the personal assets of any of the individual defendants," Hunt said. "In other words, they'll only pursue other insurance proceeds - if there are any other ones."
Future structured settlement payments to Bounkham P. Phonesavanh include guaranteed lump sums of $50,000 on Oct. 14, 2033; $100,000 on Oct. 14, 2037; and $307,876.43 on Oct. 14, 2042.
The settlement states the Phonesavanh parties cannot sell, mortgage, encumber, or anticipate the periodic payments, or any part thereof, by assignment or otherwise.
"I know there's been an agreement reached that will protect the officers and the county, and we're just looking to get this behind us and keep moving and helping protect the citizens of our county and do the job that we need to do," Sheriff Joey Terrell said Tuesday night.
Baby Bou Bou, as he's known, suffered burns when a flash bang device tossed into the door of a home by officers during a botched drug raid on May 28, 2014.
"It's a tragedy what happened," Terrell said. "That memory of that night will never go away, no matter what. We continue to pray for the family and pray for the baby, and pray for continued healing."
"I'm pleased that it's settled," Harper said. "Like I said, it's not a perfect solution but I think it's one we can all be happy with and live with. I'm glad this part of it is over - it's not totally over yet - but it's nice to be able to announce that tonight to the local media."
Hunt said the lawsuit filed by Amanda Thonetheva over damage to the home during the raid was settled separately for the balance of the insurance policy, roughly $36,000.
