MEDINA - The parents of a Medina boy whose penis was mutilated during a routine circumcision settled their $10 million lawsuit yesterday with the doctor who performed the surgery and Medina General Hospital, a judge said.

Terms of the agreement were not disclosed.

But the settlement came as Medina County Common Pleas Judge James L. Kimbler was preparing to seat a jury in the case of Ian Carque and his parents, Fred and Kristen Carque, vs. Medina pediatrician Martha L. Myers.

William Beyer, who represented the Carque family, said the issue was never money but the opportunity for the family to air its grief and anger and to make the doctor and the hospital "feel accountable" for what happened.

"If this was your son and I told you I'd give you $10 million for this to happen to him, you wouldn't take it," Beyer said.

Ian, now 4 years old, was a newborn Sept. 23, 1994, when Myers amputated the tip of the infant's penis during the routine procedure, which is generally performed for cultural, religious or hygienic reasons soon after birth.

Beyer said the impact of the injury would not be known for years.

The amputated tissue, which was preserved in a saline solution on ice, was reattached by Akron doctor Phillip Nasrallah after the boy was rushed to Children's Hospital Medical Center of Akron. But the ordeal left an ugly scar.

Beyer said Ian's doctors have not yet been able to determine whether the boy will suffer sexual dysfunction or loss of sensation from the injury, but it could be a source of embarrassment to him if corrective cosmetic surgery is unsuccessful.

Myers and her lawyer, Stephen Walters, could not be contacted last night for comment.

Beyer said the hospital also was named as a party to the lawsuit because Myers had no privileges to perform the surgery, yet she had performed at least three circumcisions at Medina General Hospital before Sept. 23, 1994.

He said she no longer performs the procedure.

Kristen Carque, who had delivered her son by Caesarean section on Sept. 21, 1994, was resting in a hospital bed when she learned of the injury. The lawsuit claims they rushed to the nursery to see Ian "bleeding and crying."

They asked what happened but Myers did not answer and left the nursery.

Kristen Carque left the hospital in her pajamas to follow her son to Akron for his emergency surgery.