Patient left with big dent in his head after hospital staff ‘lost piece of his skull & charged him $19k for replacement’

A PATIENT has filed a lawsuit against an Atlanta hospital after hospital staff allegedly lost part of his skull during a brain surgery.

Fernando Cluster was admitted to Emory University Hospital in September 2022 for a brain bleed, but nothing could have prepared him for what happened next.

Hornsby Law Group

Hornsby Law Group

The surgery required the removal of a piece of Cluster’s skull, called the “bone flap.”

The bone flap, typically removed during a craniotomy , creates an opening in the skull for surgeons to access the brain.

In Cluster’s case, surgeons removed the bone flap to reduce pressure in his brain, giving it space to swell and heal.

Two months later, Cluster returned to the hospital for follow-up surgery to have the bone flap, which measured about 4.7 inches by 6 inches, replaced.

However, hospital staff could not locate his bone flap, with some staff alleging that it had been lost with other unidentified bone fragments from different patients.

Cluster’s hospital file even included a note from staff confirming the missing piece.

LOST & FOUND

“We inspected the freezer where bone flaps are stored and could not find a bone flap with Mr Cluster’s patient identification,” the note read, as reported by the Atlanta Journal-Constitution .

“There were several bone flaps with incomplete or missing patient identification, but we could not be certain which if any of these belonged to Mr. Cluster.”

Cluster’s surgery then had to be rescheduled, leaving him with a skull depression – commonly referred to as a dent in the head.

The Atlanta hospital then had to order a synthetic replacement of his bone flap, extending his hospital stay by 12 days.

In November 2022, Cluster underwent the follow-up surgery, but the synthetic bone flap provided further issues.

Cluster developed an infection shortly after the surgery, which the lawsuit claims is a “known” complication of synthetic replacements.

Certain materials used to make the synthetic components, such as hydroxyapatite, acrylic, and biphasic calcium phosphate (BCP), are not always compatible with tissues in the brain.

This leads to an immune overreaction in the brain, the cause of the infection.

Warning Signs of a Stroke

A stroke is a life-threatening emergency condition.

If you or someone you know has symptoms of a stroke, immediately call 911 or your local emergency services number.

To recognize the warning signs of a stroke, think FAST:

• F is for Face
• A is for Arm
• S is for Speech
• T is for Time

F is for Face : Ask the person to smile.

If there is a droop on one or both sides of their face, it may be a sign of muscle weakness or paralysis.

A is for Arm. Ask the person to raise their arms.

A person having a stroke often has muscle weakness on one side.

If they have one-sided weakness, one arm will stay in the air while the other may sag or drop downward.

S is for Speech. Strokes often cause a person to lose their ability to speak.

Ask the person to speak; if they slur their speech or are having trouble choosing the right words, or speaking at all, they may be having a stroke.

T is for Time. Don’t wait to get help.

Time is critical when it comes to identifying and treating a stroke.

If possible, try to remember when your symptoms started, and/or how long it’s been since you’ve been experiencing symptoms.

Not only did Cluster have to spend additional time at the hospital for what the lawsuit claims is the hospital’s mistake, but he also suffered severe issues as a result of their “solution” to replace his displaced bone flap with a synthetic version.

The surgeries left him unable to work, and unable to pay a massive hospital bill.

The bill, which totaled $146,800, included a $19,000 charge for the synthetic bone flap.

FROM SURGERY TO JURY

Cluster and his wife, Melinda, are now suing the hospital for injuries and damages.

The lawsuit , filed on August 8, 2024, alleges that the hospital losing a portion of Cluster’s skull has caused “ongoing physical and emotional pain and suffering, and unnecessary medical bills.”

“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,” Cluster and his wife shared in a statement sent from Chloe Dallaire, of the Hornsby Law Group.

“We now have to live with the consequences of Emory’s negligence, including daily fear about another infection in my head and medical costs,” the statement continued.

“We want to know if this has happened to other patients to see if they have been given an explanation by Emory.

“Our goal is to make sure this never happens to another patient again,” Cluster and his wife added.

Cluster’s attorney, Chloe Dallaire, also shared a statement with the Atlanta Journal-Constitution.

She claims Emory’s “flippant attitude” about “losing a part of” Cluster’s body is the primary focus of the lawsuit, not the monumental hospital bill.

She also acknowledged, however, that her “clients are obviously upset that they and their insurance company were billed for the costs related to Emory’s negligence.”

The hospital said it would not comment on pending litigation but did share that they remain “committed” to “providing high-quality, compassionate care for patients and those we serve in our communities,” according to Atlanta News First .

The U.S. Sun also reached out to the Emory Health Sciences Communications Office for comment.

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