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ROCHESTER — A Goodhue family filed a civil lawsuit against Mayo Clinic, alleging that the clinic’s failure to “identify and treat” the father’s infection caused his death. Brooke Budensiek, the wife of the man who died, filed a survival action and wrongful death lawsuit in Olmsted County District Court on Jan. 31, claiming that Mayo Clinic owes the family an amount that exceeds $15,000.
ADVERTISEMENT The lawsuit alleges that Mayo Clinic failed to "identify and treat" her husband's fungal infection in a timely manner, ultimately leading to his death. Mayo Clinic did not respond to a request for comment. Joshua Budensiek died of the fungal infection on Dec.
9, 2021. According to the lawsuit, he was an active 34-year-old father of three children and the main financial provider for the family. Budensiek was admitted to Mayo Clinic Rochester on Nov.
13, 2021, after being transferred from emergency medicine in Red Wing, the lawsuit said. Budensiek had ongoing symptoms of an upper respiratory syndrome since September. Budensiek visited a local urgent care clinic on Nov.
7 and was discharged that day. Two days later, he went to his local emergency room and was again discharged home that day. Budensiek went to emergency medicine in Red Wing on Nov.
12 and was transferred to Mayo Clinic Rochester early in the morning on Nov. 13. After three days of hospitalization, the lawsuit said, Budensiek continued to decline.
Mayo Clinic performed the first echocardiogram on Nov. 16, 2021. The test revealed masses in his heart.
According to Mayo Clinic, the masses were either caused by thrombus (a blood clot) or vegetation (fungal infection). Mayo chose to only treat Budensiek for thrombus, the incorrect diagnosis, the lawsuit alleges. ADVERTISEMENT Four days later, another echocardiogram was performed.
The test showed that the masses in Budensiek’s heart doubled in size due to the fungal growth, the lawsuit said. “But still Mayo ignored the clear and present evidence of fungal infection, failed to perform further testing for it, and failed to treat it,” the lawsuit alleges. By Nov.
24, 2021, Budensiek developed multi-organ system failure, which can be caused by fungal infections. The lawsuit claims Mayo Clinic did not perform testing or treat the infection. Mayo took a sputum fungal culture from Budensiek on Nov.
30, 2021. The test showed that he had Aspergillus, a fungal infection. “It was not until December 2, 2021, three weeks after Mr.
Budensiek’s admission, that Mayo began treating him for his fungal infection,” the lawsuit said, “but it was far too late.” Budensiek died one week later. The lawsuit claims that Mayo’s breach of duty resulted in “lost love, companionship, care, assistance, protection, affection, guidance, society, moral support, mental anguish, emotional distress and sorrow along with economic loss.
” According to the civil cover sheet, a proposed trial start date was listed as Sept. 14, 2026. ADVERTISEMENT.