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Litigation Funding Blog

Donated Kidney Useless in Face of Misdiagnosed Terminal Cancer

October 24, 2014

Geralda Mata Rodriguez died of previously undiagnosed, terminal cancer 11 months after a kidney transplant.

Geralda Morales wanted to help her ill grandmother by donating a kidney to her. She was deemed a compatible match, and the operation took place in 2012. They did not know that Rodriguez was dying from terminal cancer that had not been properly diagnosed before the transplant operation.

According to court documents, Rodriguez was admitted to a hospital in 2012, complaining of headaches. Medical checks revealed an elevated blood pressure. A CT scan was ordered, and the radiologist noted the presence of temporal bone irregularities, often a signal of multiple myeloma (a cancer originating in the blood’s plasma cells, or another metastatic disease process).

In February 2012, a kidney transplant was performed to address her health issues. But in August 2012, doctors discovered that Geralda Rodiguez was terminally ill with multiple myeloma. Rodiguez died in January 2013 at the age of 66.

Her granddaughter sought legal counsel and filed a medical malpractice lawsuit, arguing that since her grandmother’s CT scan had suggested cancer, she should never have had the transplant operation.

Morales’ lawsuit alleges that the primary surgeon negligently failed to review her grandmother’s CT scan and sent the duo for the renal transplant operation. Ultimately, the suit suggests that the operation was useless in the face of fatal illness. Morales seeks compensation for physical impairment, loss of earning capacity, physical pain and mental anguish, and funeral and burial expenses.

The Morales family incurred large medical bills to assist a dying family member by donating a life-giving kidney. Had they known her grandmother was terminally ill with other medical issues, Morales may not have donated her organ.

The Morales family may wish to find out as much as they can about litigation funding. A pre-settlement loan is emergency funding sent to an approved plaintiff to help them get back on their feet financially. The lawsuit loan helps them pay their urgent bills, such as the ones from the hospital, and allows them to keep current with their other important financial obligations.

A lawsuit loan is not for everyone, but there are a number of benefits that plaintiffs do find appealing. No credit checks are necessary, and the plaintiff does not need to have a job when they apply. There are no up-front or monthly fees, and if the plaintiff loses his or her case in court, he or she keeps the money – no strings attached.

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