An Atlanta couple is suing Emory Healthcare after a piece of a man’s skull mysteriously went missing following a critical medical procedure.
Fernando Cluster and his wife, Melinda Cluster, are seeking damages, alleging that Emory University Hospital Midtown’s negligence has led to additional surgeries, emotional trauma, and skyrocketing medical bills.
According to the lawsuit filed in DeKalb County State Court, the ordeal began when Fernando Cluster underwent a decompressive hemicraniectomy on September 30, 2022, to treat an intracerebral hemorrhage.
During this surgery, a portion of his skull, known as a bone flap, was removed.
The plan was to re-implant the bone flap during a cranioplasty on November 11, 2022.
However, when hospital staff went to retrieve the bone flap, they discovered a shocking problem—several bone flaps, including Cluster’s, had incomplete or missing patient identification.
This made it impossible to determine which bone flap, if any, belonged to Fernando.
“They’re terrified every day,” said the couple’s attorney, Chloe Dallaire. “They got various contradictory messages about why surgery was postponed, and ultimately, Emory told them that they had lost and misplaced a part of his skull.”
The horror didn’t end there.
A note in Cluster’s medical file revealed that the doctors were aware of the identification issues, but the missing bone flap was never found.
Left with no other option, Fernando eventually had to have a 3D printed synthetic flap implanted—weeks later.
To add insult to injury, Emory Hospital allegedly billed Fernando $19,000 for the synthetic replacement of the lost skull fragment.
The Clusters claim that Emory’s negligence has forced Fernando to endure unnecessary additional surgeries, including one for an infection that developed after the synthetic flap was implanted.
Each of these procedures resulted in more time spent in the hospital and further medical expenses.
“He was charged for the additional time he had to wait in the hospital for the flap to be made,” Dallaire explained. “Subsequently, he had an infection. The synthetic flap had to be removed. He had to spend more time in the hospital, and then he was charged for all the costs associated with a new flap and another surgery.”
Now, the Clusters are seeking compensation for the severe physical and emotional toll this ordeal has taken on Fernando, as well as for the more than $146,845.60 in medical expenses they have incurred so far.
The lawsuit also includes a claim for loss of consortium, with Melinda asserting that her husband’s injuries have deprived her of his love, society, and companionship.
“What’s frustrating is that, due to a simple act of negligence—something that was entirely preventable—he has to live the rest of his life in fear of getting an infection in his brain and in his skull, and that’s terrifying on a daily basis,” Dallaire added.
The Clusters have requested a jury trial and are seeking general and special damages from Emory Healthcare, along with any other relief the court deems appropriate.
When reached for comment, a spokesperson for Emory Healthcare stated, “The hospital and staff are committed to giving high-quality, compassionate care to their patients,” but declined to comment further, citing pending litigation.
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