All three companies linked to the August fumigation in Palm City that left ten-year-old Peyton McCaughey with brain damage are withdrawing a defense strategy that outraged many NewsChannel 5 viewers.
In January we reported that Sunland Pest Control, Terminix and gas manufacturer Ensystex II all filed defense briefs in the civil suit against them blaming the McCaugheys for Peyton's injuries.
"Negligent" and "Careless" were two words used repeatedly by all three companies about the McCaughey family in defense motions.
Court documents filed by Terminix said the McCaugheys "conducted themselves in a negligent and careless fashion" and "should have known of the potential hazards and dangers for which they complain."
Since reporting the story in January the McCaughey's attorney, Bill Williams, says the companies have changed their defense strategies.
"That's not going to be an issue anymore" said Williams. "I think those defenses are going to be withdrawn and they have been withdrawn."
Williams says two of the companies have already withdrawn the blame defense and the third is in the process.
Peyton's mother, Lori McCaughey, says Williams has advised her not to speak about the civil case itself.
She did give us an update on the reason behind the civil action.
"When we started he had absolutely no control over his body. Now he can communicate with us. Now he can stand on his own. He still lacks a lot of motor control with his body. We continue to go to all his therapy's, occupational therapy, speech therapy, physical therapy. Peyton is, I mean he's incredible, he has the best attitude you could imagine. He's happy, he's in good spirits and he fights everyday" Lori said on Wednesday afternoon.
She also thanked the community for all the emotional and financial support her family has received. "It's unbelievable what they've done for us. They've allowed us to explore several different therapies for Peyton that with out them maybe we wouldn't have been able to do."
The McCaughey family says it's hopeful the civil suit against Sunland Pest Control, Terminix and Ensystex II will guarantee Peyton the best care going forward.
That trial is set to begin in Palm Beach County September 12th.