Siblings Sue Ohio Hospital After 'Accidentally' Throwing Out Donated Kidney; Medical Center Wants Dismissal of Lawsuit

An Ohio hospital is seeking a dismissal of a lawsuit placed against them after a nurse "accidentally" threw out a donated kidney that may have saved a young woman's life.

Sara Fudacz was 24-years-old at the time of her kidney transplant surgery at The University of Toledo Medical Center (UTMC). The Toledo Blade reports the kidney was donated by he younger brother, Paul Fudacz, was thrown out during the surgery by a nurse on Aug. 10, 2012.

The family officially filed a lawsuit against the hospital for its alleged negligence, but the medical center wants it thrown out and has asked the court to let it "recover its costs." The hospital specifically stated they want two parts of the lawsuit dismissed, where the plaintiffs state "parental loss of consortium," and "sibling loss of consortium."

"Jim Arnold, a Columbus attorney representing the Fudacz family, said UTMC was accommodating after the accident - helping to find Ms. Fudacz a new kidney and paying travel expenses to Colorado for that surgery," The Blade reports. "But the Ohio attorney general's office, which represents UTMC, the former Medical College of Ohio, was unwilling to accept some of the family's demands, he said."

The lawsuit states the plaintiffs are asking for a judgment against UTMC in "excess of $25,000, plus interest, the costs of the suit, and any other relief the court deems appropriate," The Blade reports.

UTMC claims the family has no right to compensation in a "non-death case," according to the Blade. However, the hospital's motion did not ask to dismiss the first count of medical negligence.

After the botched kidney transplant surgery, UTMC voluntarily suspended transplant surgeries and the hospital faced policy and procedure reviews. The hospital fired the full-time registered nurse, Melanie Lemay, who was in charge during the incident. Lemay has also filed a lawsuit against the hospital for wrongful discharge, defamation, slander and libel, according to The Blade.

Dr. Michael Rees, the surgeon who performed the surgery, continues to work at UTMC.

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