Living Donor Protections Living Donor Risks Living Kidney Donor

Hospital Tosses Donor Kidney then Asks for Lawsuit to be DIsmissed

The saga with the University of Toledo Medical Center continues.

Defendants in a lawsuit ask for dismissal all the time, but UTMC’s lawyers have even greater audacity: they’ve asked the court to “let it recover its costs”.

This means they want the woman whose kidney was thrown away and the man who was supposed to get the kidney that was thrown away to pay *their* (the hospital’s) legal costs.


In addition:


Dr. Michael Rees, the surgeon who performed the surgery, continues to work at UTMC. Two nurses, Judith K. Moore and Melanie Lemay “had their employment with UTMC terminated and/?or were forced to retire,” according to the Fudacz lawsuit. UTMC’s administrator of surgical services, Edwin Hall, was placed on paid administrative leave, the lawsuit states.

Ms. Moore, a part-time nurse who discarded the contents of the slush machine — including the kidney — before the surgery was finished, resigned on Sept. 10.

UTMC fired Ms. Lemay, a full-time registered nurse who was the circulating nurse during the surgery. Ms. Lemay, who relieved Ms. Moore while Ms. Moore went on a lunch break, failed to update her on the status of the surgery when she returned from her break, among other procedural infractions, according to disciplinary records.

Ms. Lemay sued the hospital Aug. 2 in the Ohio Court of Claims for wrongful discharge, defamation, slander, and libel. Her husband, Patrick Lemay, also is listed as a plaintiff in the lawsuit, which seeks damages exceeding $25,000.

Add Your Thoughts