Lawsuit: Emory University Hospital Lost Part of Georgia Man’s Skull, Leading to Infection and $19K in Medical Bills
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A Georgia man has filed a lawsuit against Emory University Hospital, accusing it of negligence after losing a portion of his skull during a medical procedure, which led to additional surgeries, an infection, and a $19,000 bill for a synthetic replacement.
Fernando Cluster, 62, was admitted to Emory University Hospital Midtown on Sept. 30, 2022, to treat a brain bleed. As part of the treatment, surgeons removed a piece of his skull, referred to as a "bone flap," which was intended to be re-implanted after Cluster recovered, the lawsuit states.
However, on Nov. 11, 2022, as Cluster was being prepared for the re-implantation surgery, Emory staff could not locate the bone flap.
The lawsuit, filed Aug. 8, claims that when hospital personnel attempted to retrieve the bone flap, they found "several bone flaps with incomplete or missing patient identification" and could not determine which, if any, belonged to Cluster.
As a result, the surgery was delayed, and a synthetic implant was created and used instead. Cluster alleges that this synthetic flap later became infected, requiring further surgery and an extended hospital stay, ultimately costing $19,000.
Cluster and his wife, through their attorney, expressed shock and dismay over the hospital's actions.
"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," they said in a statement to Law&Crime. "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 couple has requested a jury trial and is seeking damages for physical and emotional pain, medical expenses totaling over $146,000, and additional costs related to the incident.
Emory representatives told Channel 2 Action News that they are "committed to providing high-quality, compassionate care for patients and those we serve in our communities. We do not comment on pending litigation."
