An Ohio man intended to save the life of his older sister by donating a kidney to her -- a sacrifice on his part that ended in vain a year ago when a nurse mistakenly threw away the donated organ . Paul Fudacz Jr. and his sister , Sarah , say the University of Toledo Medical Center `` utterly botched '' their kidney transplant surgery . The medical center this week said it has `` worked hard to learn from this incident '' and apologized to the family . But on Tuesday it asked that a lawsuit be dismissed and denied claims of gross negligence and failure to meet accepted standards of care . The civil complaint contends Paul Fudacz 's right kidney was considered a `` perfect match '' for his sister , then 24 , who reportedly suffered from end-stage renal disease . During the brother 's surgery on August 10 , 2012 , his kidney was placed in a `` slush machine '' until it could be moved to his sister 's room , where she 'd yet to undergo her surgery . A nurse , who was cleaning up , had just returned from a lunch break and thought the kidney was already in Sarah 's room when she discarded the machine 's contents , according to the lawsuit . While the kidney was later recovered , it could n't be used because it had been thrown away with other infected or unsterile medical waste , the Fudacz family alleges . Sarah Fudacz required additional dialysis and four dialysis-related surgeries before she received a replacement kidney three months later , the lawsuit states . `` When compared to Paul Jr. 's kidney , Sarah 's new kidney is a poorer match and of poorer quality , '' and she has a higher risk of rejecting it over time , the lawsuit claims . The pair 's parents also claimed they suffered emotional distress and a `` loss of consortium , '' or loss of family relationships . But the Ohio attorney general contends parents of adult children and siblings can not make such a claim about loss of consortium in such a case . Each of eight Fudacz family members -- including four other siblings -- are seeking in excess of $ 25,000 . Dr. Jeffrey Gold , chancellor and executive vice president for health affairs , University of Toledo Medical Center , said the university `` continues to express the sorrow that we feel that this unfortunate incident occurred . We apologize sincerely . '' `` While the legal realities of this situation are complex and ongoing , we have worked hard to learn from this incident and have spread the lessons widely to try to make hospitals and transplant programs safer across the country . '' In the wake of the incident , the hospital temporarily suspended its live kidney donor program . It has since resumed operations . The nurse involved in the incident retired from the hospital . The surgeon in charge of the planned transplant no longer directs the kidney transplant program but continues to perform them and remains a professor , the University of Toledo Medical Center said . CDC : Man died of rabies from kidney transplant .
Man tried to donate kidney to his older sister in Toledo , Ohio . Nurse mistakenly disposed of kidney in medical waste , lawsuit says . Comment: