Toledo siblings sue University of Toledo Medical Center after nurse threw out donated kidney

TOLEDO, Ohio (WEWS) - An Ohio family is suing a Toledo hospital after a nurse accidentally threw away the brother's kidney he donated to save his sister's life.

The University of Toledo Medical Center admitted that the nurse threw out the organ before it could be transplanted last year, but it's still asking for the lawsuit to be dismissed. The hospital was eventually able to get another kidney for 24-year-old Sarah A. Fudacz.

"They are admitting they threw the kidney away, but they are not admitting substandard medical care," the family's attorney James E. Arnold told ABCNews.com . "They must think that it is within standard care to throw a kidney away." The family is asking for $25,000 per sibling.

[Click here to watch an exclusive interview with the brother and sister on Good Morning America]

In August 2012, Fudacz was in end-state renal failure, but her 17-year-old brother, Paul, was a perfect match to donate his kidney.

ABC News reported that Sarah Fudacz was already under anesthesia when the operation was brought to a halt. According to court documents, a nurse threw out the donor kidney, which was stored in a protective slush.

Doctors tried to resuscitate the kidney, but the organ was no longer useable, ABC News reported.

In the months that followed, Sarah Fudacz "suffered through painful dialysis, four painful surgeries ... and was forced to live through the uncertainty of whether she would ever find a kidney suitable for transplant before dying," the family said in the lawsuit.

She finally had a successful operation in December.

The nurse resigned in September 2012. The hospital fired another nurse, but she is suing for wrongful discharge.

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