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Abused foster child wins $3.75 million from state

Her Gresham foster father was convicted of shaking her, causing brain damage

Stephanie Kuntupis, the now 7-year-old girl who suffered permanent brain damage at the hands of her Gresham foster father five years ago, has settled a lawsuit with the state of Oregon, winning $3.75 million.

According to the settlement agreement, Kuntupis' trust fund was to receive $2.25 million by April 25, and the other $1.5 million via various payment structures through 2050.

The settlement, signed by Tim Nay, Kuntupis' trustee, on April 24, came more than three years after Cesar Cruz-Reyes of Gresham was convicted of severely shaking then 2-year-old Kuntupis, blinding her in one eye and causing brain damage that could stunt her development.

A lawsuit on behalf of Kuntupis claimed state agencies were negligent in their care of the foster child.

Tony Green, spokesman for the Oregon Attorney General's Office, said the state 'doesn't always take the stance that the state should never have to pay.

'When we get sued, we look at the cost of litigation, the potential verdict and the potential liability. We look at all those things and we look at the nature of the case and whether there should be a settlement or not.'

Cruz-Reyes was sentenced to 30 months in prison in January 2009, a year-and-a-half after the June 2007 assault.

Six months into his prison sentence, Cruz-Reyes died of liver failure - a side effect of the medication he was taking.

His family sued the state, claiming medical malpractice. Early this year the state settled with his family, too: $2.1 million, according to that settlement agreement.



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