HOUSTON -- The parents of a toddler that was fight by a foul ball during a 2019 Houston Astros game, fracturing she skull, have reached a negotiation with the team, according to the family"s lawyer.In a petition filed Thursday, parental Jonathan David Scott and also Alexandra Colchado asserted that "acts and omissions constituting negligence" caused their daughter to sustain "injuries and damages" throughout a game at Minute Maid stadium in Houston on might 29, 2019.

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During the 4th inning the the game, your daughter, who was 2 years old at the time, was hit by a ball off the bat of Cubs facility fielder Albert Almora Jr. She experienced a broken skull and has a permanent mind injury, the family"s lawyer, Richard Mithoff, told abc News.Because the lawsuit requires a minor, the settlement needs to be formally authorized by a judge, follow to Mithoff. The court will appoint a neutral lawyer to do a reference to the judge "about the fairness of the settlement," which will certainly be confidential, that said.Details of the negotiation were no made public.The Astros" lawyers did not respond to emails seeking comment.Almora, who currently plays because that the new York Mets, was checked out crying on the field after the ball got in the stands.Mithoff stated they waited until two years after the event to look for damages to have a far better understanding of any lasting clinical issues."It to be a serious injury, a irreversible injury to that component of the brain," Mithoff said. "The primary emphasis has to be on seizures."
The girl, that is now 4, has actually been on anti-seizure medication because the incident, Mithoff said. She last seizure was 22 month ago, that said.Mithoff said he plans come ask because that a hearing day on Monday and hopes the negotiation will be fully approved "in a matter of weeks."At the moment of the 2019 game, Minute Maid Park"s netting reached from the end of one dugout come the other, however, the kid was sit farther under the left-field line. Number of months ~ the incident, the team extended its netting farther down the baselines.The Astros released a statement come The Washington post a month after ~ the incident, saying: "The Astros proceed to send ours thoughts and also prayers come the young girl and also her family. We continue to respect the family"s inquiry for privacy and have no further comment at this time."In January 2020, MLB announced the every team would certainly have prolonged netting for the upcoming season, following reports of fans getting injured and also even killed by foul balls.The Astros have faced lawsuits over various other injuries sustained throughout games. In 2019, a woman sued the team after ~ she was hurt by a T-shirt fired into the crowd. She claimed her left table of contents finger to be irreparably damaged.

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A confidential settlement was reached last year, the Houston Chronicle reported.