Our partner, Ben Rubinowitz, will be representing the Medina family in their medical malpractice case against Montefiore Medical Center. On May 23, 2012, Yolanda Medina, 41 in an act of pure altruism, attempted to donate a kidney to her brother Roberto Medina, 39 as part of Montefiore Hospital’s voluntary Live Organ Donor Transplant Program. Roberto Medina has been on dialysis suffering from renal failure since early February.
During the voluntary Live Organ Donor Transplant Yolanda Medina bled to death as a result of her aorta being negligently severed during the organ harvesting surgery. Yolanda’s death ended any chance of using her kidney for this life saving procedure for her brother, Roberto. Mr. Rubinowitz stated; “This is a terrible tragedy. Out of the goodness of her heart and sheer kindness, one woman attempted to save her brothers life; unfortunately her kindness resulted in tragedy. It is our firm’s responsibility to the Medina family to provide them with the security that they deserve as a result of this horrific event.” The Montefiore Medical Center has recently suspended its live organ donor transplant program.
Roberto Medina has still not received a kidney. He awaits transplant surgery. The Montefiore Medical Center had scheduled another transplant for Roberto Medina on Thursday, June 7, but the surgery was abruptly canceled. Montefiore Medical Center officials had not obtained the proper federal approvals required to expedite a transplant. Mr. Rubinowitz, responded that, “The entire Medina Family is devastated. Roberto lost his sister. He was told they have a kidney for him. He gets his hopes up, only to be told he’s not going to have the surgery. You can’t imagine the disappointment that the entire family is experiencing right now. Why didn’t they tell him he would have to wait for a transplant? I believe the hospital was well intentioned in finding him a kidney, but the communication on their part was, simply put, horrible.” Four months after starting dialysis, Roberto Medina still does not have a kidney designated to him. “It is our hope that a kidney will become available before it is too late,” said Rubinowitz. “This family has suffered enough heartache. A young woman died as a result of medical negligence. She was an innocent victim of medical carelessness. At this time I hope a kidney can be found for this wonderful young man, Roberto Medina, before time runs out on him.”