A former inmate of the Berrien County Jail will receive $1.5 million as a part of a settlement of a lawsuit filed against Berrien County and others in 2010.

The suit alleged that Lydell Burt, 24, of Niles, did not receive proper medical care for an ear infection while he was housed at the jail for 22 days in October and November of 2007. The infection eventually spread to his brain, resulting in permanent brain injury, according to the suit. Burt is considered legally incapacitated.

The county denied any responsibility for Burt’s condition in a statement released earlier this week and said officials opted for a settlement rather than risk the uncertainty of a jury trial.

The original suit, filed by Burt’s mother and legal guardian Tammy Lorenzo, was asking for $17 million in damages.

“While they are denying any responsibility, they are writing a check for $1.5 million,” said Burt’s attorney, Sean Drew. “I think that says more than anything.”

Drew said Burt and his family are pleased with the outcome of the lawsuit, which has been ongoing for nearly five years.

“The family desired to get it resolved,” he said.

Drew said Burt is currently working, doing cleaning at a local department store.

“He is doing much, much better than he was in January of 2008 when he got out of (the hospital) after his four brain surgeries,” Drew said.

County defendants named in the suit agreed to pay $1.465 million, while two doctors contracted at the time to provide care for inmates agreed to pay $50,000.

Drew said part of the money ($450,000) would be set aside and put in a structured annuity that would eventually pay out $1.1 million to Burt.

The county, in a statement, said its portion of the settlement would be covered by insurance.

The settlement was approved Friday, Dec. 19 in U.S. District Court in Grand Rapids.