BOSTON (AP) – The family of a 21-year-old college student killed during a Red Sox victory celebration has settled its $10 million wrongful death lawsuit against the maker of the pepper-pellet gun that Boston police used to try to subdue the crowd.

A federal judge, at the request of the family of Victoria Snelgrove and gun manufacturer FN Herstal USA, dismissed the suit more than a month ago. The Boston Globe reported the development on Friday.

Details of the out-of-court settlement have been kept secret. Lawyers for the family, FN Herstal, and the city of Boston would not comment.

Snelgrove, an Emerson College student from East Bridgewater, died hours after she was hit in the eye socket with a pepper-spray pellet fired by a police officer outside Fenway Park on Oct. 21, 2004, after Boston beat the New York Yankees in the American League Championship Series.

Last year, the city paid a $5.1 million settlement to Snelgrove’s parents. As part of that agreement, the city agreed to cooperate in any legal action taken against FN Herstal and share in the proceeds of any damages recovered.

The family’s suit against FN Herstal alleged that the FN303 pepper-pellet gun, a so-called less-than-lethal weapon, was “defective in design” and that the company wrongly claimed that the pellets would break upon impact.

A spokesman for Mayor Thomas Menino would not comment on the settlement with FN Herstal, the Globe reported.

The mayor’s office also wouldn’t comment on two other previously undisclosed settlements that the city reached with two others who were injured by pepper pellets.

Lawyers for the two other victims said the city paid a total of $575,000. Paul Gately, who was shot in the cheek as he sat on a girder under the Green Monster and several more times as he approached an officer, was paid $325,000, his lawyer, Paul W. Kelly, told the Globe.

The city paid $250,000 to Kapila Bhamidipati, a Boston University student who was climbing down from one of the girders when he was struck in the head, the Globe reported.

Police have acknowledged Snelgrove was not the target of any police action, nor was she behaving unlawfully. Officer Rochefort Milien told investigators two days after the shooting that he was aiming to hit a man who had been throwing objects at police when his shot hit Snelgrove. Milien was the only officer involved who was certified to use the pepper-pellet gun.

Former U.S. Attorney Donald Stern headed an independent commission that concluded police made critical mistakes. It said on-scene supervisor Deputy Superintendent Robert O’Toole handed out the pellet guns to uncertified officers and fired dozens of shots himself, even though he had no training with the weapons. O’Toole fired “from his hip area,” without aiming, as people climbed off the girders of the Green Monster, Fenway’s left-field wall, the commission said.

O’Toole has since retired. The other officers were all either suspended, demoted or reprimanded. Milien was suspended for 90 days.

AP-ES-07-14-06 1249EDT