The Toledo Blade reported that University of Toledo Medical Center seeks to have kidney lawsuit thrown out. Below is an exerpt from that article.
"The University of Toledo Medical Center asked a state court to throw out a lawsuit filed by a South Toledo woman, whose brother’s kidney was accidentally thrown away before it could be implanted into her during a surgery last year at the hospital.
The medical center also wants to "recover its costs."
Sarah A. Fudacz, who was 24 at the time of the botched Aug. 10, 2012, kidney transplant surgery, was supposed to have been given a kidney taken from her younger brother, Paul Fudacz, Jr., but the organ was mistakenly thrown away by a nurse after it was removed. Ms. Fudacz, Mr. Fudacz, their parents, and their four siblings filed a lawsuit July 29 against UTMC in the Court of Claims in Columbus.
Jim Arnold, of James E. Arnold & Associates, LPA, a Columbus-based law firm 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. 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 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 – specially 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.”
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