Lawsuit: Hospital transplanted HIV infected kidneyPosted: Jun 21, 2010 12:46 PM PDT Updated: Jun 21, 2010 3:32 PM PDT
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Lawsuit: Hospital transplanted HIV infected kidney
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It takes 20 pills a day to keep Karen Cruz alive. She suffers from several illnesses, including HIV, a virus she claims she never had until after a kidney transplant at Southwest Florida Regional Medical Center in 2007.
"Everybody in dialysis waits and dreams when you get the call that says we got a kidney for you. But the greatest gift is to get a live kidney from a donor," said Cruz at her attorney's office in Weston.
That donor came from a trusted family member, who at the time, had no idea was infected with HIV.
A lawsuit filed by Cruz against the hospital system, details the days leading up to the surgery:
* August 14, 2007: The donor's blood is tested for infection and HIV.
* August 24, 2007: The donor tests positive for HIV.
* August 29, 2007: Despite the results, and unknown to Cruz, the transplant takes place.
* Late 2009: Cruz tests positive for HIV.
"I have not been able to enjoy not one minute of life since I got off that operating table. I have been so sick, it's unreal," Cruz said.
The Orlando resident didn't find out she had HIV from a doctor, hospital or a counselor. Her attorney called on the phone with the news after obtaining the donor's test results.
"Fortunately we are in possession of the lab work from the donor that shows that there were several things going on," said Lisa Levine, Cruz's attorney.
Lee Memorial Health Systems declined an on-camera interview, but did say, "Despite the allegations in the complaint, the services provided were appropriate and met the standards of care."
Organ transplant agencies are watching this case closely and hope it doesn't scare donors or patients waiting for organs.
"We don't want this to deter anybody from still signing up to become an organ and tissue donor. Everyone should still consider themselves a donor, whether that be from living donation or after they've passed away from deceased donation," said Betsy Edwards with LifeLink, a non-profit transplantation advocacy organization.
Cruz hopes her lawsuit will make transplants safer. Right now, she finds it difficult to trust any healthcare expert.
"It makes it very difficult to trust any doctor for me. I would have to be on my deathbed to say yes to any surgery today," she said.
The 55-year-old former model hopes the lawsuit will force the hospital to pay for her medical bills.
The state caps medical malpractice awards from hospitals at $100,000, but that doesn't cover the medical expenses she has now or what she can expect to pay in the future.
http://www.nbc-2.com/Global/story.asp?S=12684122
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