Emory Healthcare faces lawsuit from Atlanta couple after hospital allegedly misplaces man’s skull during surgery.
ATLANTA — An Atlanta couple has filed a lawsuit against Emory Healthcare, alleging the hospital lost a piece of a man’s skull during a medical procedure, resulting in additional surgeries, physical and emotional suffering, and mounting medical bills.
Fernando Cluster and his wife, Melinda Cluster, are seeking damages after a portion of Fernando Cluster’s skull went missing at Emory University Hospital Midtown following surgery to treat an intracerebral hemorrhage.
The lawsuit, filed in DeKalb County State Court, outlines how Fernando Cluster underwent a decompressive hemicraniectomy on Sept. 30, 2022, during which a portion of his skull, referred to as a bone flap, was removed.
According to the complaint, Fernando Cluster was scheduled to have the bone flap re-implanted during a cranioplasty on Nov. 11, 2022. However, when Emory staff went to retrieve the bone flap, they discovered that several bone flaps had incomplete or missing patient identification, making it impossible to determine which, if any, belonged to Fernando Cluster.
“They’re scared. They’re terrified every day. 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 couple’s attorney Chloe Dallaire said.
Dallaire says a note in his medical file shows doctors knew Cluster wasn’t alone. When looking where the bone flaps are stored, doctors couldn’t find one with Cluster’s identification and several others were incomplete or missing patient identification.
“It’s mind blowing, literally, not to play a pun on words, but an institution like Emory misplacing and mislabeling people’s body parts? It’s unfathomable,” Dallaire said.
Cluster would get a 3D printed synthetic flap implanted weeks later. To make matters worse, Emory Hospital then allegedly tried to charge Fernando $19,000 to synthetically recreate the part of his skull that was lost.
The couple claims that Emory’s negligence forced Fernando Cluster to undergo additional surgeries and spend more time in the hospital, leading to severe physical and emotional distress. The lawsuit also details how the hospital billed Fernando Cluster for the synthetic bone flap, the additional hospital stay, and the procedures needed due to the delay.
“He was charged for the additional time he had to wait in the hospital for the flap to be made. 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,” Dallaire said.
As a result, the Clusters are seeking compensation for Fernando Cluster’s injuries, which they argue are permanent, as well as 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 Cluster alleging that her husband’s injuries have deprived her of his love, society, and companionship.
The Clusters are requesting a jury trial and are seeking general and special damages from Emory Healthcare, as well as other relief the court may deem appropriate.
“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 said.
11Alive reached out to Emory Healthcare for comment on the lawsuit. In a statement a spokesperson said the hospital and staff is committed to giving high quality compassionate care to their patients, but no comment would be given on pending litigation.
