- Associated Press - Wednesday, January 29, 2014

TOLEDO, Ohio (AP) - An Ohio Court of Claims judge has thrown out a wrongful termination complaint brought by a nurse who was fired after a botched kidney transplant.

But the judge decided against dismissing a defamation complaint the nurse made against the University of Toledo Medical Center.

The nurse, Melanie LeMay of Toledo, was fired after a viable kidney was thrown out before the transplant operation. A different nurse accidentally threw away the kidney as medical waste during the procedure last year.

LeMay alleges her termination was based on violating policies and procedures that didn’t exist on the day of the operation.

A decision issued two weeks ago by the court in Columbus agreed with the medical center’s claim that the court lacked jurisdiction in the wrongful termination matter.

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