Toledo Hospital Threw Out Donor Kidney, Now Denies Negligence

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John and Sarah Fudacz, their parents and their four other siblings, filed a lawsuit July 29 against UTMC in the state Court of Claims in Columbus, alleging medical negligence and damages for pain and suffering.

The eight members of the Fudacz family asked for damages of $25,000 each, according to the lawsuit.

As for the health of the Fudacz siblings, they are "functioning well," according to Arnold.

"But the quality of the kidney is not as good as the one the brother was going to give to her," he said. "The match characteristics are not as good when you take it from a stranger."

He argued Sarah Fudacz has a higher risk of organ rejection and may have undergo another transplant in her lifetime.

"From a functional perspective, Paul can live on one kidney, unless something happens to him," said Arnold. "But I have never known anyone who wants a kidney taken away for no good reason."

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