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TOLEDO, OH (Toledo News Now) -
The University of Toledo Medical Center says a lawsuit filed by the family of a woman who's kidney transplant was botched at the hospital in August of 2012 should be thrown out.
Sarah Fudacz, 24 of Toledo, was set to receive a kidney from her brother, Paul Fudacz Jr., at UTMC on August 10, 2012. The hospital admits that after the kidney was removed from Paul it was accidentally flushed down a disposal hopper used to dispose medical waste.
Sarah was later able to receive another kidney, but the Fudacz family filed suit against the hospital in July. In the suit, the family sought damages on behalf of Sarah and Paul Jr., as well as three of their siblings and their parents.
On Wednesday UTMC formally responded in court, and filed a motion to dismiss two counts of the lawsuit, saying there is no right under Ohio law for a person to recover damages due to "loss of consortium" of an adult child or sibling.
The hospital also denies claims made by the family in the suit, and asks the court to dismiss the suit entirely.