Surgeons at the University of Toledo Medical Center removed a kidney from Paul Fudacz Jr. last year to give it to his 24-year-old sister Sarah Fudacz. However, a nurse accidentally threw it away before the operation was over.
The hospital later found another donor for Fudacz. However, the family filed a lawsuit against the hospital and on Friday one of the two nurses, fired after the procedure, also filed a lawsuit for wrongful termination.
Nurse Melanie LeMay was suspended then fired after another nurse accidentally threw away a viable kidney as medical waste during the procedure last August.
After the error, the hospital apologized and put an administrator and two nurses on paid leave. LeMay alleges her subsequent termination was based on violating policies and procedures that didn't exist on the day of the operation.
The suit states the other nurse failed to log out of the hospital computer, which required LeMay to make entries under that nurse's chart. LeMay said the second nurse did not ask for a status update on the transplant or the patient when she returned from lunch and proceeded to remove the kidney from the room and dispose of it.
The Fudacz family filed suit against the hospital last week alleging medical negligence and seeking $25,000 for each of eight plaintiffs.