Patient sues Allina Health, alleges the wrong organ was removed during surgery

A woman has filed a medical malpractice lawsuit against Allina Health System, a surgeon, and surgical staff, alleging the wrong organ was removed during a surgery.

The lawsuit states Wendy Rappaport, of Plymouth, was admitted to Abbott Northwestern Hospital for concerns about an infection or rupture in her spleen on March 24, 2022. It was recommended she undergo surgery to have her spleen removed.

On March 28, Rappaport met with Devon Callahan, MD, who agreed she should have the surgery.

The lawsuit states during the surgery, Rappaport’s left kidney was removed instead of her spleen. The spleen and the infection affecting it were still intact.

Rappaport alleges in his post-operative notes, Callahan stated he removed her spleen. The lawsuit also notes a CT scan found no concerns with Rappaport’s kidneys, and she “did not consent to the removal of her left kidney by the defendants.”

After the surgery, Rappaport says she was diagnosed with splenic abscess, left kidney removal, respiratory failure, left pleural effusion and diastolic heart failure. She remained in the hospital until May due to complications after the surgery.

According to the lawsuit, Rappaport has since been diagnosed with stage 5 kidney disease “as a direct result of the removal of her kidney” and now undergoes kidney dialysis treatment.

She is alleging Callahan committed medical malpractice. “Defendant Callahan breached his duty of care owed to Plaintiff and committed medical malpractice when Defendant Callahan removed Plaintiff’s left kidney instead of her spleen,” court documents state. Rappaport also alleges medical battery and extends the lawsuit to “all other staff of Allina Health System who may be independently negligent in their actions” during the surgery.

Rappaport is seeking at least $50,000 and attorney’s fees.

Allina Health sent 5 EYEWITNESS NEWS the following statement:

“Allina Health is aware of the lawsuit and has had the case reviewed by medical experts. 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. We intend to vigorously defend, in court, the care that was provided.“

Allina Health declined to say whether Rappaport’s kidney was mistakenly removed, citing patient privacy.

The law firm representing Rappaport sent KSTP the following statement:

“The Schmidt and Salita Law Team represents Wendy Rappaport for injuries she suffered
as a result of the negligent and unnecessary removal of her left kidney. The Defendants
were supposed to remove a “sick” spleen but removed the incorrect organ. As a result,
Ms. Rappaport suffers not only the loss of her left kidney but also permanent kidney
impairment, and she requires specific medical treatment to maintain her ongoing kidney
function. This was not the case for Ms. Rappaport prior to the unnecessary kidney
removal. On 5/16/2025, we commenced the lawsuit on Ms. Rappaport’s behalf seeking
fair compensation for her injuries and the future damages she will incur due to the
Defendant’s medical malpractice and medical battery. The removal of the incorrect organ
has and will continue to have a profound and unnecessary impact on her life and health.“