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Published: Friday, 9/6/2013

University of Toledo Medical Center asks state court to dismiss lawsuit filed by nurse


The University of Toledo Medical Center has asked a state court to dismiss a lawsuit filed by a longtime nurse fired by the hospital more than a year ago after her involvement in a surgery that resulted in a kidney intended for transplant being accidentally discarded.

Melanie Lemay, of East Toledo, has sued UTMC for wrongful discharge, defamation, slander, and libel. Her complaint was in the Ohio Court of Claims in Columbus. Her husband, Patrick Lemay also is listed as a plaintiff in the lawsuit, which seeks damages exceeding $25,000. As a result of publicity surrounding the incident, the lawsuit alleges that Mrs. Lemay suffered “defamation, slander, and libel ... [and] damage to her reputation and been exposed to public shame and disgrace affecting her daily life.”

UTMC, the former Medical College of Ohio, in a motion filed Thursday claimed the court has no jurisdiction to enforce or even to interpret a collective bargaining agreement and that Ms. Lemay cannot prevail on her tort claims.

Sarah A. Fudacz, who was supposed to receive the kidney, and her brother, Paul Fudacz, Jr., the donor, and their parents and siblings filed an unrelated lawsuit against the hospital in the Court of Claims. The botched surgery occurred Aug. 10.

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