‘Wrong organ was removed’: Surgeon faces lawsuit over alleged kidney removal error
A woman says she spent two months in the hospital following a surgical mix-up.
A Minnesota woman in her 80s is now living with stage 5 kidney disease after a surgeon allegedly removed her kidney during what was supposed to be a routine spleen removal procedure, according to a recently filed lawsuit.
Wendy Rappaport of Plymouth, Minnesota, went to Abbott Northwestern Hospital in March 2022 for treatment of a spleen condition. However, the surgery took an unexpected turn when the surgeon removed her left kidney instead of her spleen, the court documents filed on May 16 claimed.
“The wrong organ was removed,” Rappaport’s attorney Aaron Lawrence told ABC News.
“This never should have happened. We hope that Allina takes responsibility for this negligence instead of blaming the victim,” he said, referring to the Minneapolis-based Allina Health System, of which Abbott Northwestern is a part.
According to the lawsuit, Rappaport was admitted to the hospital on March 24, 2022, for concerns about a possible spleen abscess or rupture. After undergoing initial tests and consulting with doctors, she was scheduled for spleen removal surgery on March 28, 2022.
The lawsuit alleged that Dr. Devon Callahan performed the surgery and instead of removing the spleen, the surgeon removed Rappaport’s healthy left kidney. The legal documents also claimed that the doctor’s post-operative note indicated he had removed an intact spleen.
ABC News reached out to Callahan for comment but has not yet received a response.
The lawsuit stated that Rappaport remained hospitalized for nearly two months until May 25, 2022.
Rappaport’s post-procedure diagnoses included “splenic abscess, left nephrectomy (left kidney removal), respiratory failure, left pleural effusion, and diastolic heart failure,” the court documents stated.
She has since been diagnosed with stage 5 chronic kidney disease, for which she now requires regular dialysis treatment, according to the court documents.
Chronic kidney disease is diagnosed in stages, 1-5. Stage 5 is one of the most advanced stages, at which point the kidneys are close to failure or have completely failed, according to the Cleveland Clinic. After this point, those affected may require dialysis or kidney transplant — at which point they would enter what is termed “end stage” kidney disease.
Rappaport is suing Callahan and Allina Health for the alleged medical mistake.
“While we will not discuss details of a patient’s care due to privacy laws, the court filings don’t accurately reflect the full picture of the patient’s condition, or the life-saving medical care provided,” Allina Health said in a statement to ABC News. “We intend to vigorously defend, in court, the care that was provided.”
The lawsuit seeks monetary damages exceeding $50,000 — though Rappaport’s legal team noted that this figure is just a procedural requirement under Minnesota law, and the actual amount sought will be higher.
“We are seeking fair compensation that exceeds $50,000,” Lawrence explained, clarifying that Minnesota court rules prevent them from specifying the exact amount in their initial complaint.
