Logan County 'Boy Who Came Back From Heaven' settles lawsuit over book's accuracy

Five years ago, when Alex Malarkey, then 21, sued a Christian publishing company for using his name and story without permission in a bestselling book about his near-death experience that left him paralyzed at age 6, the publisher said it did nothing wrong and would never settle the case.

But in March, the lawsuit was resolved, and a settlement was reached, according to Dupage County (Illinois) 18th Judicial Circuit Court. This ended six years of legal wrangling and tension that Beth Malarkey says her son, whose life has been a triumph over hardship and conflicting emotions, didn't need.

"It's done, and it's settled," Beth Malarkey said. "We are doing well. All that stress and turmoil is in the past now."

Neither side is permitted to discuss the terms of the confidential settlement agreement, including whether Alex receives a huge windfall or a small token.

"I cannot say anything more than that the case settled," said P. Scott Miller, Malarkey's attorney, who had argued that Alex deserved at least the profits from the book, " The Boy Who Came Back From Heaven ," estimated years ago in the millions of dollars.

"I'm not saying anything, or I could be sued," said attorney W.E. Whittington, representing Illinois-based Tyndale House Publishers.

Alex and his mom also have been told not to discuss the settlement. But Beth Malarkey insists that she's relieved that the complicated ordeal, which included her and Alex's eviction from their longtime home, is behind them. Both are happy and hopeful.

Previously, the Malarkeys had received a flood of money from a GoFundMe campaign intended to find mother and son a larger, more suitable home. More than 1,400 donations helped raise about $132,000.

A life-altering crash, best-selling book and Alex's disavowal

Kevin Malarkey was driving his son to their Bellefontaine-area home Nov. 14, 2004, when he took a call from his then-wife, Beth. A glancing look at Alex in the rear seat caused their car to veer into another, ripping the sedan apart. Kevin was ejected. Alex was flown to then-Columbus Children's Hospital, where he remained in a coma for two months.

Malarkey, 6 at the time, would survive but was paralyzed. He would unwittingly become the focus of " The Boy Who Came Back From Heaven," still a highly-rated book on Amazon.com.

According to the 2010 book, Malarkey told others that he had gone to heaven, met Jesus and Satan and saw vivid depictions of each. But a year after the best-seller was published, he recanted those claims, according to the lawsuit, as explained in an American Bar Association " ABA Journal ."

The lawsuit states that Kevin Malarkey concocted the story to sell it to Tyndale House, one of the country's largest Christian publishers. “The truth is that Alex does not remember anything from the time when he was in a coma,” the lawsuit states.

A new home, health challenges and leaving old wounds behind

After the crash, Alex, his two brothers and his sister moved with their parents to a home on 10 acres just north of Bellefontaine. The home was customized with ramps and other features for Alex.

But when Beth and Kevin divorced, Kevin claimed outright ownership of the 2,700-square-foot home and wanted Beth and Alex evicted. Kevin argued he needed the proceeds from the sale to care for two of Alex's siblings in Colorado, where they had moved with him.

Alex and Beth were evicted and moved into a small home in Bellefontaine that was retrofitted with ramps and an overhead hoist to move Alex to and from his wheelchair and bed.

Since then, health scares have followed them both.

Routine medical procedures can become dire for people who are paralyzed. So, there was concern when Alex developed symptoms of kidney stones, and his pain was not easy to trace.

When he was finally diagnosed at Ohio State University Wexner Medical Center, doctors recommended surgery.

"He had so many that it took an hour and a half on each side," said Beth Malarkey of the arthroscopic incisions through Alex's abdomen.

With each visit for care, doctors have told them how much they learn about paralysis and the application of often unconventional treatments.

The stress of eviction, feuding attorneys and the looming lawsuit may have contributed to Alex's health issues.

"His life is already challenging, trying to navigate every day," Beth said. The settlement is a relief.

"All of the ugliness is done. God brought us through it."

Alex's future bright, helped by mom's renewed strength

Earlier this year, Beth struggled with her own health scare.

"I was having tightening down the side of my neck, my blood pressure was going up, and it would hurt to talk," she said. Twice she went to the emergency room.

Doctors diagnosed her with mild scoliosis, the curvature of her spine, treated by a chiropractor and massage therapy.

Her recurring fear is being forced to relinquish her full-time care of Alex to a stranger. And she called home care services "Horrible. From what I learned, there are no bodies available to do it."

Finding someone who could care for Alex's physical and emotional needs became a priority.

Alex eventually found a supplemental caregiver who worked nine hours a week so that Beth could take a break.

"We are all doing better. Alex is better. I'm doing better."

"There's a life that God has entrusted me," she said of Alex. "It's helping him when others have taken advantage of him. I thank God all the time that I'm able to do what I do."

Overcoming each new challenge brings renewed strength and hope for mother and son.

"You keep pushing, and you persevere," she said. "Sometimes you can't get away from them, so you push through them"

At the height of the lawsuit, Alex told The Dispatch that vengeance was furthest from his mind.

"The Bible says, 'Don't take a brother to court,'" he said, paraphrasing. "I want to settle. I want to shake hands with both sides and move on."

In an email to The Dispatch this week he added:

"The last time we talked, my mom and I were about to be evicted. It is amazing how God has made it all work out in a great way. I am really excited to now move forward to see what I can make of life. I am also very excited for football to start, and the Olympics have been awesome as usual."

dnarciso@dispatch.com

This article originally appeared on The Columbus Dispatch: Logan County 'Boy Who Came Back From Heaven' settles lawsuit over book's accuracy