Paul Fudacz, Jr. had an opportunity to donate a kidney to his sister, Sarah, but a nurse's error changed that.
Now, the Fudacz family is suing the hospital where it all happened.
According to The Daily Mail, surgeons at the University of Toledo Medical Center removed a kidney from Paul Fudacz Jr. a little more than a year ago. The goal was to give it to his sister and save her life. However, "a nurse, Judith Moore, threw it away as she discarded the contents of a slush machine before the operation was over."
Doctors tried to "resuscitate the organ" for a couple of hours but ultimately weren't able to do so.
The hospital found another donor for Sarah and covered her traveling costs so she could undergo the surgery in Colorado, and is now trying to dismiss their lawsuit. The two siblings, their parents, and their other four siblings filed a lawsuit on July 29 against UTMC in the Court of Claims in Columbus, individually demanding $25,000, plus interest and the costs of the suit.
According to The Toledo Blade:
The medical center on Tuesday filed an answer to the Fudacz family lawsuit, in which it acknowledged the organ was discarded but denies some of the Fudacz claims. The document ends with a request to dismiss the Fudacz complaint in its entirety at the plaintiffs' cost. UTMC also on Tuesday filed a motion to dismiss the Fudacz complaint – specifically two parts of the lawsuit that claim: “parental loss of consortium” and “sibling loss of consortium.” The motion to dismiss did not ask the court to dismiss the first count of the lawsuit, which claims medical negligence.
The UTMC motion to dismiss states the Fudacz family has “no right to compensation for parental loss of consortium of an adult. The medical center also said, “there is no right to compensation for sibling loss of consortium in a nondeath case.”
Dr. Michael Rees, who performed the surgery, still works at the medical center, but two nurses, Moore and Melanie Lemay, no longer work there. The administrator of surgical services, Edwin Hall, was also placed on paid administrative leave.