A Georgia man is suing Emory University Hospital Midtown in Atlanta after medical staff allegedly lost part of his skull during surgery and charged him thousands of dollars for a replacement. Fernando Cluster, 62, underwent a decompressive hemicraniectomy in September 2022 to relieve pressure on his brain after a brain bleed. During the surgery, a 12-by-15-centimeter portion of his skull, known as a bone flap, was removed. The bone flap was supposed to be replaced during a follow-up surgery, but hospital workers were unable to locate it. As a result, Cluster had to have a synthetic implant flap made and implanted, which later became infected, leading to additional surgeries and medical expenses totaling over $220,000.
Lost Bone Flap Leads to Lawsuit
The lawsuit filed by Cluster alleges that the hospital staff at Emory University Hospital Midtown lost his bone flap and failed to take responsibility for the error. According to Cluster’s attorney, Chloe Dallaire, the hospital staff claimed to have located the bone flap the day before the scheduled surgery but could not find it on the day of the operation. The notes from Cluster’s medical records stated that there were several bone flaps in the freezer with incomplete or missing patient identification, making it impossible to determine which one belonged to Cluster.
The hospital informed Cluster that they would have to reschedule his cranioplasty surgery until a synthetic implant flap could be made. This delay in the surgery forced Cluster to remain hospitalized longer, resulting in additional charges for his extended stay. Despite the difficulties, the surgery eventually took place, but Cluster later developed an infection from the synthetic flap, leading to further complications and additional surgeries.
Emotional and Physical Toll on Cluster and His Family
Cluster’s attorney, Dallaire, shared that her client has suffered physical and emotional pain as a result of the hospital’s negligence. Cluster expressed his frustration in a statement provided by Dallaire, stating, “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.” The ongoing fear of infection and the financial burden of medical costs have taken a toll on Cluster and his family.
In addition to the physical consequences, Cluster’s wife has also been impacted by the ordeal. The lawsuit names Cluster’s wife as a plaintiff, claiming that she has been “deprived of the love, society, companionship, and consortium of her husband.” The emotional strain on the family is evident as they navigate the aftermath of the medical error and its repercussions.
Legal Action and Seeking Justice
Cluster’s lawsuit seeks justice through a trial by jury, aiming to hold the hospital accountable for the negligence that led to the loss of his bone flap and subsequent complications. The legal action highlights the importance of medical providers taking responsibility for errors and ensuring the well-being of their patients. Cluster’s recovery from the implantation of the second synthetic flap is ongoing, as he continues to deal with the aftermath of the hospital’s mistake.
As the legal battle unfolds, Cluster and his family are hopeful that they will receive the justice they deserve and that the hospital will take steps to prevent similar incidents from occurring in the future. The emotional and financial toll of the lost bone flap and subsequent medical complications have had a lasting impact on Cluster and his loved ones, underscoring the need for accountability and transparency in the healthcare system.
In conclusion, the case of Fernando Cluster serves as a reminder of the importance of patient safety and accountability in the medical field. The loss of Cluster’s bone flap and the resulting complications have had a significant impact on his physical and emotional well-being, as well as on his family. As the legal proceedings continue, Cluster and his loved ones are hopeful that they will receive the justice they seek and that steps will be taken to prevent similar incidents from occurring in the future.
