A Georgia man is suing Emory University Hospital Midtown for losing part of his skull during surgery, leading to additional procedures and severe complications, including a costly infection.
Bollywood Fever: A Georgia man, Fernando Cluster, is suing Emory University Hospital Midtown in Atlanta after the hospital allegedly lost a portion of his skull during a surgical procedure and later billed him for a synthetic replacement that became infected.
According to the lawsuit filed by the Hornsby Law Group on August 8, 2024, the incident began on September 30, 2022, when Cluster, 62, was admitted to the hospital after passing out and being diagnosed with an “intracerebral hemorrhage.” To relieve pressure on his brain, doctors performed a decompressive hemicraniectomy, a procedure that involves removing a small section of the skull, known as a “bone flap.”
The lawsuit states that the removed piece of Cluster’s skull measured 12cm x 15cm. When Cluster was ready for the bone flap to be reattached on November 11, 2022, hospital staff allegedly could not locate his bone flap. The lawsuit further claims that the hospital’s storage for bone flaps was disorganized, with several bone flaps lacking proper identification, making it impossible to determine which one, if any, belonged to Cluster.
Due to this issue, the hospital informed Cluster that they could not proceed with the planned surgery to reattach his original skull portion. Instead, on November 23, 2022, Cluster agreed to undergo a procedure to install a synthetic implant flap as a replacement. Unfortunately, the synthetic flap became infected, necessitating yet another surgery.
Cluster’s lawsuit accuses the hospital of negligence, which resulted in an extended hospital stay and additional unplanned procedures. He claims the hospital charged him $19,000 for the extra time spent in the hospital, as well as for the synthetic bone flap and the procedure to implant it. When the implant became infected, Cluster was billed again for the subsequent surgery.
In a statement provided by attorney Chloe Dallaire to Law & Crime, Cluster and his wife expressed their shock and frustration: “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 added that they are now living in constant fear of another infection and facing mounting medical costs.
The lawsuit states that Cluster’s medical expenses have reached $146,845 so far and are expected to rise. Due to the incident, Cluster claims he is unable to work and has suffered both physically and emotionally. The Clusters are seeking damages and compensation, including special damages, attorneys’ fees, and all related costs, and they are requesting a jury trial.
In response to inquiries from WSB-TV, Emory Healthcare released a statement saying, “Emory Healthcare is committed to providing high-quality, compassionate care for patients and those we serve in our communities. We do not comment on pending litigation.”
As the case moves forward, the Clusters are determined to ensure that similar incidents do not happen to other patients. Their goal is to hold the hospital accountable and prevent such negligence in the future.
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