Man Sues Hospital for Allegedly Losing Part of His Skull, Charging Him $19K to Replace It

According to a lawsuit filed by the Hornsby Law Group on behalf of Fernando Cluster, 62, Emory University Hospital Midtown in Atlanta lost a small section of his skull during a procedure on September 30, 2022.

According to the suit filed on August 8, 2024, after Cluster passed out and fell, he was diagnosed with and “intracerebral hemorrhage.” As a result, he was admitted to the hospital for a “decompressive hemicraniectomy.”

This procedure includes removing a small portion of the skull, or a “bone flap,” to relieve pressure on the brain. According to the lawsuit, the piece removed from Cluster’s skull measured 12cm x 15cm.

On November 11, 2022, after he had healed from the initial surgery and was ready to have the skull portion reattached, “Emory personnel could not identify Plaintiff Mr. Cluster’s bone flap,” per the court filing.

This may not have been an isolated incident, either, as the suit alleges that when hospital personnel went to retrieve Cluster’s skull portion, “there were several bone flaps with incomplete or missing patient identification.” As such, they purportedly “could not be certain which if any of these belonged to Mr. Cluster.”

Ultimately, Cluster was allegedly told the hospital would be unable to perform the surgery.

“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,” said Cluster and his wife in a statement sent to Law & Crime over the weekend by attorney Chloe Dallaire.

On November 23, 2022, Cluster agreed to a different procedure, having a synthetic implant flap installed. He is accusing the hospital of negligence resulting in an extended hospital stay, as well as this unplanned procedure.

All together, Cluster’s suit claims the hospital charged him $19,000 for this additional time he had to stay in the hospital, as well as the synthetic bone flap itself, and the process to implant it into his skull.

He was then allegedly charged again later when the implanted synthetic bone flap became infected, leading to yet another surgery.

“We now have to live with the consequences of Emory’s negligence, including daily fear about another infection in my head and medical costs,” the statement continued.

“We want to know if this has happened to other patients to see if they have been given an explanation by Emory,” the Clusters said in their statement. “Our goal is to make sure this never happens to another patient again.”

Cluster is also claiming he is unable to work and was both physically and emotionally impacted by the alleged negligence of the hospital. The suit claims his medical expenses are currently at $146,845 due to this incident, and are expected to rise.

Cluster and his wife are suing for damages and compensation from the incident, as well as special damages, attorneys’ fees and all other costs to be paid by Emory if they win, per WSB-TV. They’re further requesting a jury trial.

In response to WSB-TV reaching out regarding this lawsuit, the hospital replied with the following statement: “Emory Healthcare is committed to providing high-quality, compassionate care for patients and those we serve in our communities. We do not comment on pending litigation.”