A man from Georgia has sued Emory University Hospital Midtown in Atlanta. He claims that the hospital’s staff lost a part of his skull during surgery. To make matters worse, he was billed for a synthetic replacement that later got infected and had to be removed.
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The lawsuit, filed by The Hornsby Law Group on behalf of 62-year-old Fernando Cluster on August 8, 2024, claims that Cluster was admitted to the hospital on September 30, 2022, after collapsing and being diagnosed with an “intracerebral hemorrhage.” As part of his treatment, he underwent a decompressive hemicraniectomy, a procedure involving the removal of a portion of the skull, also known as a “bone flap.” According to TOO FAB , the removed piece of Cluster’s skull measured 12 cm by 15 cm.
On November 11, 2022, when he returned to the hospital for the scheduled reattachment of the bone flap, the hospital staff could not find it. According to the lawsuit, when the personnel tried to retrieve the skull portion, they found “several bone flaps with incomplete or missing patient identification,” making it impossible to determine which one belonged to Cluster. As a result, they reportedly informed him that they could not perform the surgery.
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Cluster and his wife expressed their disappointment in the following statement: “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,” On November 23, 2022, Cluster underwent a different medical procedure in which a synthetic bone flap was implanted. According to the lawsuit, Emory’s negligence led to a prolonged hospital stay and an unplanned procedure. As a result, Cluster was charged $19,000 for the additional hospital time, the synthetic bone flap, and the implantation procedure.
His situation worsened when the synthetic implant became infected, leading to another surgery for which he was charged for. Due to the number of procedures, the lawsuit says Cluster is unable to work and has suffered physically and emotionally due to the hospital’s alleged negligence.
The medical expenses have totaled $146,845 and are expected to increase. The couple seeks damages, compensation, special damages, attorneys’ fees, and all other costs associated with the case. They are also requesting a jury trial.
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