A shocking lawsuit has been filed against Emory University Hospital Midtown in Atlanta after hospital staff allegedly lost a nearly 28-square-inch section of a patient’s skull, later billing him $19,000 for a synthetic replacement. The plaintiff, Fernando Cluster, 62, underwent surgery in September 2022 to treat a severe brain bleed, a procedure that involved removing part of his skull to relieve pressure on his brain.
According to the legal complaint, Cluster was admitted to the hospital for an intracerebral hemorrhage, a life-threatening condition that required emergency surgery. During the procedure, a 4.7 by 6-inch piece of his skull was removed and stored for later reattachment. However, when Cluster returned for follow-up surgery two months later, hospital staff were unable to locate the original bone flap.
'Misplaced part of his skull'
A #Georgia couple is suing @emoryhealthcare after doctors told them they lost a part of a man's skull they removed so he could heal. The lawsuit shows they were then charged more then $19K to replace the bone with a synthetic piece @11AliveNews pic.twitter.com/m0uN6gmznx
— Angelina Salcedo (@AngelinaOnTV) August 17, 2024
The lawsuit alleges that upon searching for the bone flap, hospital personnel found multiple bone fragments in the storage freezer without proper identification, leaving them uncertain which, if any, belonged to Cluster.
Due to this mishap, Cluster had to endure additional surgeries to implant a synthetic replacement.
He better sue them for everything they have!! ATL doesn’t have a good rep when it comes to certain hospitals & they are DEAD wrong for this shit!! https://t.co/warUs4TZnY
— Slimdope_af (@Slimdope_af) August 19, 2024
The synthetic bone flap was finally implanted in late November 2022, but the nightmare didn’t end there. Soon after the surgery, Cluster developed an infection linked to the synthetic implant, which required further medical intervention. As a result, he was unable to work for a considerable period and accumulated over $146,800 in medical bills. Despite the hospital’s role in the loss of his skull piece, Cluster and his wife received no discount or compensation for the additional medical expenses.
Cluster’s attorney, Chloe Dallaire, expressed her clients' outrage, stating, "It is shocking that a medical provider like Emory would lose part of one of its patient’s skulls and then refuse to accept responsibility." The couple is seeking compensation for both the physical and emotional distress caused by the hospital's alleged negligence.
Emory University Hospital has not publicly commented on the specific allegations due to the ongoing litigation but emphasized its commitment to high-quality, compassionate care for all patients. However, the lawsuit has already drawn significant public attention, raising concerns about hospital practices and patient safety across the healthcare industry.
As the legal battle unfolds, the Clusters are pursuing general and special damages, including compensation for medical expenses and emotional suffering. They hope that their case will prompt changes in hospital procedures to prevent such incidents from happening to other patients in the future.
