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The lawsuit, which was filed by Michael Yocabet and Christina Mecannic against the University of Pittsburgh Medical Center, alleges that surgeons had access to blood tests revealing that the kidney was infected by hepatitis C before the transplant took place.
Yocabet, the recipient, and Mecannic, the donor, say the hospital should not have allowed surgeons to transplant the infected kidney and that doctors should have disqualified Mecannic as a donor.
An investigation into the incident blamed "human error" for the mistake.
The plaintiffs, who have been life partners for 21 years, are seeking an unspecified amount in compensatory and punitive damages.
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