Late Ebola Patient's Fiancee Gets Nothing in Hospital Settlement

PHOTO: Rev. Jesse Jackson stands with Nowai korkoyah, the mother of Ebola patient Thomas Eric Duncan, as well as his nephew, Josephus Weeks, after they spoke to the media at the Texas Health Presbyterian hospital on Oct. 7, 2014 in Dallas, Texas.PlayJoe Raedle/Getty Images
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The fiancee of the man who died of Ebola in Texas last month will get nothing in the settlement agreement with the hospital.

The family of Thomas Eric Duncan, the only person to die of Ebola in the United States, settled with Texas Health Presbyterian Hospital in Dallas, the parties announced today.

Although lawyers said they could not reveal the sum of the settlement, they said it was "a very good deal," and as good or better than what the family would have gotten if they had gone to court with a malpractice lawsuit. Under Texas law, damages are limited to $250,000. Duncan's four children and two parents all received part of the settlement.

The family will not have to pay for Duncan's 11-day hospital stay.

However, Duncan's fiancee, Louise Troh, received nothing in the settlement.

Troh received a phone call from the hospital about a week after Duncan's death, in which officials said they were "deeply sorry" for what happened, she said on Oct. 16. She said she was grateful for the apology and that it would help her mourn.

Though some of Duncan’s family members at the time said he had been treated unfairly, Troh said, “It is my position that God is the judge of others and their actions, and vengeance is not mine to demand. God is the judge, and God will take care of me."

Duncan's nephew, Josephus Weeks, said today he was glad to have the situation resolved so that the family can move forward. He said he hopes Duncan's death can prevent future deaths due to medical errors. The settlement will also set up the Texas Health Dallas Thomas Eric Duncan Memorial Fund to help with the Ebola effort in Africa.

"We made a mistake and we lost one, but we can save 1,000," he said. "That's my goal. ... We can come out of this situation better than we went in."

PHOTO: Karsiah Duncan, the son of Ebola victim Thomas Eric Duncan, leaves after speaking to the media at the Wilshire Baptist Church on Oct. 7, 2014 in Dallas, Texas.Joe Raedle/Getty Images
Karsiah Duncan, the son of Ebola victim Thomas Eric Duncan, leaves after speaking to the media at the Wilshire Baptist Church on Oct. 7, 2014 in Dallas, Texas.

The family's lawyer, Les Weisbrod, said he thinks his team would have won in court because when Duncan initially went to the emergency room with Ebola symptoms, he was misdiagnosed with sinusitis and sent home with antibiotics. Duncan returned two days later in an ambulance on Sept. 28, when he was diagnosed with Ebola and isolated. He died on Oct. 8. The hospital later conceded that there was a breakdown in communication in its emergency department.

"Mr. Duncan should not have been released," Weisbrod said. "He got up to 103 degree temperature. He had a number of abnormal findings on his blood work and studies that were done. I don’t believe he should have been sent home."

He said experts now say that early diagnosis and treatment of Ebola patients leads to better outcomes. He said Duncan's care once he was diagnosed, however, was "excellent."

"We know that this has been a terribly sad, difficult and trying time for Mr. Duncan’s family and friends, and they will continue to be in the hearts and prayers of the entire Texas Health Presbyterian family," the hospital said in a statement today. "As part of the healing process, we have again extended our sincere apologies to the family and shared our regret that the diagnosis of Ebola Virus Disease was not made at the time of Mr. Duncan’s initial Emergency Department visit."

Two nurses contracted Ebola while treating Duncan. Both have since been treated and discharged, Ebola-free.

ABC News' Gillian Mohney contributed to this report.