Emory Hospital loses piece of patient's skull, charges him for it, lawsuit claims
Fernando Cluster said Emory University Hospital Midtown lost a piece of his skull, and then charged him for it. (Credit: Hornsby Law Group)
ATLANTA - Fernando Cluster trusted Emory University Hospital Midtown to perform a delicate procedure requiring the temporary removal of part of his skull. But, when it was time to put the piece back, Cluster says medical personnel lost it – and then charged him thousands of dollars for it.
Cluster was admitted to Emory on September 30, 2022. He was diagnosed with an intracerebral hemorrhage, or a type of stroke that causes bleeding in the brain. His family was told he would need a decompressive hemicraniectomy, which meant a 12 centimeter by 15 centimeter piece of his skull would be removed to allow his brain the space it needed to swell and heal during surgery.
That "bone flap" was supposed to be put back during a re-implantation procedure called a cranioplasty. Except, when preparing for the procedure on November 11, 2022, his bone flap was nowhere to be found.
"Although we were informed yesterday by OR staff that Mr. Cluster's bone flap was located and ready for replacement, it could not be found today when preparing for surgery," a MyChart progress note from Neurosurgeon Matthew Agam, MD, read that day. "We inspected the freezer where bone flaps are stored and could not find a bone flap with Mr. Cluster's patient identification. 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."
According to the lawsuit, Cluster would wait almost two weeks for a synthetic implant flap to be manufactured. His cranioplasty was rescheduled for November 23, 2022.
After the procedure, Cluster's family was allegedly charged $146,845.60, which included costs for the synthetic flap and the extra time he spent in the hospital.
Cluster's attorney, Chloe Dallaire of the Hornsby Law Group, claimed her client suffered financially, emotionally and physically due to Emory's neglect. According to Dallaire, Cluster had an infection in the implant and required another surgery. He has reportedly been out of work since.
Cluster and his attorney are seeking damages for his suffering.
Dellaire released the following statement on behalf of Cluster and his wife:
"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. We now have to live with the consequences of Emory’s negligence, including daily fear about another infection in my head and medical costs.
"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."
This lawsuit was filed on August 8, 2024.
FOX 5 Atlanta will update this report pending a response from Emory University Hospital Midtown.