PHILADELPHIA — A woman’s death was ruled a suicide over a decade ago. Now, it will be reexamined after the original medical examiner said he no longer believes she intentionally stabbed herself to death.
The City of Philadelphia settled two lawsuits Monday brought by the parents of Ellen Greenberg.
The Greenbergs have fought to change their daughter’s suicide ruling for 14 years.
Jury selection began Monday for the civil suit, accusing the city of emotional distress for mishandling Ellen’s death investigation. But before a jury was seated, both sides decided to settle.
“Now the city has agreed that the current medical examiner will reopen Ellen’s case and look at the evidence of her manner of death and come to their own conclusion,” said attorney William Trask of Lamb McErlane.
An undisclosed monetary settlement is also part of the agreement. Both Trask and attorney Joe Podraza have fought alongside the Greenbergs for the past five years.
In January 2011, the 27-year-old teacher was found dead in her Philadelphia apartment with 20 stab wounds and a knife in her chest. She shared the apartment with her fiancé, Samuel Goldberg.
Her fiancé has never been suspected of foul play.
Dr. Marlon Osbourne , the pathologist who performed the autopsy, initially ruled it a homicide, then weeks later switched it to suicide.
The catalyst for the settlement may have been a verification statement filed in the courts this weekend by Dr. Osbourne.
The Greenberg family sued several Philadelphia city officials, claiming the investigation into the 27-year-old’s death caused them emotional distress.
Dr. Osbourne stated in Saturday’s filing, “Since issuing the amended death certificate, I have become aware of additional information,” and “it is my professional opinion Ellen’s manner of death should be designated as something other than suicide.”
The Greenbergs spoke to ABC Philadelphia affiliate WPVI inside City Hall.
“It’s been 14 years we’ve been trying to clear Ellen Greenberg’s name and we’re very proud of her and we hope we made her proud of us today,” said Ellen’s mother Sandee.
“They did everything they possibly could to stand in our way instead of helping us,” said her father Josh.
Due to conflicts, the criminal case was kicked from the Philadelphia District Attorney’s Office to the Attorney General’s Office and then to the Chester County District Attorney’s Office, with Chester County ultimately finding there was not enough evidence for charges.
Monday’s decision also impacts the first civil suit filed by the Greenbergs set to go before the State Supreme Court. That suit, which was also settled Monday, was to compel the city to change the determination from suicide to homicide or undetermined.
The City of Philadelphia released this statement in response to the settlement:
“A settlement agreement between the City of Philadelphia and the family of Ellen Greenberg has been reached to resolve the matter of Joshua M. Greenberg, D.M.D., et al. v. Sam P. Gulino, et al. The terms of the settlement include an independent review of the autopsy file, and an express waiver of any claims that might be brought as a result of that process.”
ABCNews contributed to this report.
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