North Carolina medical workers, including a nurse who botched a kidney transplant to save her husband’s life, face a federal lawsuit in North Carolina over botched surgeries, according to a lawsuit filed Monday in federal court.
A federal jury trial is set to begin Tuesday in Charlotte, North Carolina, U.S. District Judge Paul Callahan said in a statement Monday.
The lawsuit, filed in U.D.C. District Court in Washington, D.C., and unsealed Tuesday, seeks $3.9 million in damages and unspecified punitive and exemplary damages for the wrongful death of John and Teresa Wills, who died of sepsis in June of this year.
The Wills family was admitted to a North Carolina hospital in July of 2017, just days before Teresa Wines had her second transplant.
Teresa Wiles was admitted and treated at the North Carolina Medical Center, and the Wills children were not.
The doctors performed a kidney graft that was performed without Teresa Wides consent, according the lawsuit, which says the transplant was performed in violation of federal and state laws.
The two transplants were not approved by the U.A.E. guidelines.
A month after Teresa Wites death, Teresa Will’s husband was taken off life support and her family was forced to take in Teresa’s two sons and her husband, who was in critical condition.
The U.N. Committee on the Rights of Persons with Disabilities said the Will family had been subjected to “unprecedented, arbitrary, and unlawful discrimination” in the case.
The complaint also alleges that the UN. committee did not act in a timely manner, failing to provide adequate notice to the Wises of the impending transplant and failing to take steps to ensure the transplant took place in accordance with the transplant guidelines.
The North Carolina Department of Health and Human Services (DHHS) told ABC News in a letter that the agency was “disappointed” in today’s filing.
“The complaint is a thinly veiled attempt to intimidate and silence the Wisens and their supporters and has no merit,” DHHS spokesman Michael DeGraffenreid said.
“The North Carolinians are entitled to expect the highest standards of care from their health care providers and our staff and that includes medical professionals who perform transplant operations.”
The Wises have been on life support since June, and Teresa’s son, Michael, is now 3 months old.
“I think it’s an absolute tragedy that the hospital where my family was treated did not perform a kidney transfer that was medically approved by U.C.”
North Carolina guidelines.
The Wises said they were told by the hospital that the donor had an advanced infection, and that they should not have waited to have a kidney harvested.
A week after the transplant, doctors discovered the Wils were not responding to antibiotics prescribed by their doctor.
The parents had also not been given the proper oxygen masks and needed emergency care.
When the Wiles tried to take their son back to North Carolina from the hospital, the hospital told them that he was too weak to stay there, the lawsuit says.
The hospital’s medical director told the Wites that they had to wait until Teresa’s kidneys were harvested, the complaint says.
“We are extremely disappointed that the Wims have had to endure this experience, and we are confident that this lawsuit will provide justice for them and for the millions of others who have suffered from botched transplans,” Kathleen O’Brien, Teresa’s attorney, said in an email.
The plaintiffs claim they have a legal right to compensation and a right to be heard.
“These surgeries should not be performed on the basis of an expectation that their patient will survive, and in many cases, they did not,” O’Briens lawyer, Thomas G. Sullivan, said.