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Family sues hospital for medical negligence after throwing away sibling's donated kidney

Posted: August 30, 2013 |   Comments

( The University of Toledo Medical Center in Ohio is facing allegations of medical negligence after a perfectly good kidney meant for a transplant patient was thrown away.

On August 10, 2012, surgeons removed Paul Fudacz Jr.'s kidney to give it to his sister, Sarah, who was suffering from end-stage renal disease. Unfortunately, Paul's kidney never made it to his sister, because a nurse, Judith Moore, mistakenly threw away the organ with the contents of a chilled, protective slush before the operation was over.

After the accident was discovered, doctors unsuccessfully tried to resuscitate the kidney for two hours.

When the patient and donor awoke, they were obviously confused about what had happened. It's hard to believe that someone would callously throw away one sibling's gift of life to another. To make up for it, the hospital found another compatible donor in Colorado and paid the family a sum of money which included the cost of travel.

After the incident, Moore resigned, Melanie Lemay, another nurse, was fired and Edwin Hall, the administrator of surgical services, was placed on administrative leave. Dr. Michael Rees, who performed the surgery, remains employed at the hospital. Lemay has filed a lawsuit against the medical center for wrongful discharge, defamation, slander and libel and seeks compensation for damages greater than $25,000.

The Fudacz family is suing the hospital, citing medical negligence and loss of consortium. The lawsuit was filed by eight of the family members, each of whom is seeking at least $25,000 for damages.

"Paul Jr.'s kidney was considered a 'perfect match' for Sarah. Sarah seeks damages she has suffered and will continue to suffer due to the loss of Paul Jr.'s perfect kidney. Paul Jr. seeks damages he has suffered and will continue to suffer for having to undergo a painful and risky surgery, and for having to live the rest of his life with only one kidney, all in vain," the suit reads.

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