Georgia man sues Emory University Hospital for losing part of his skull

Fernando Cluster alleges that the hospital’s negligence has cost him an additional $19,000 and counting
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Fernando Cluster, a 62-year-old man from Georgia, has filed a lawsuit against Emory University Hospital Midtown in Atlanta after a shocking incident during a medical procedure. According to the lawsuit, the hospital allegedly lost a piece of Cluster’s skull during surgery, which later became infected, leading to further complications and surgeries.

Details of the surgery

The incident occurred on Sept. 30, 2022, when Cluster was admitted to the hospital following a fall that resulted in an intracerebral hemorrhage. He underwent a decompressive hemicraniectomy, a procedure that involves removing a section of the skull to relieve pressure on the brain. The removed piece, called a bone flap, measured approximately 12cm x 15cm.


Missing bone flap

After healing from the initial surgery, Cluster returned to the hospital on Nov. 11, 2022, to have his skull reattached. However, hospital personnel could not locate his bone flap. The lawsuit claims that there were multiple bone flaps present, but many lacked proper patient identification, making it impossible to determine which flap belonged to Cluster.

Complications and additional costs

Due to the hospital’s inability to find his original bone flap, Cluster had to undergo a different procedure on Nov. 23, 2022, where a synthetic implant was installed. He alleges that Emory Hospital’s negligence resulted in an extended hospital stay and unplanned surgical procedures, costing him $19,000. Furthermore, the synthetic implant later became infected, necessitating yet another surgery.


Impact on Cluster’s life

Cluster and his wife expressed their distress over the situation, stating their fear of head infection and medical costs. The lawsuit claims that Cluster’s medical expenses have already reached $146,845 and are expected to increase.

Seeking justice

The couple is not only seeking damages and compensation for their ordeal but also aims to raise awareness about potential negligence at Emory University Hospital. They hope to find out if other patients have experienced similar issues and are requesting a jury trial.

Emory’s response

In response to inquiries regarding the lawsuit, Emory Healthcare provided no comment on the litigation but emphasized its commitment to providing high-quality, compassionate care.

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