A couple is taking legal action against an Atlanta hospital, claiming it lost a portion of a patient’s skull after it was removed during life-saving surgery.
In 2022, Fernando Cluster experienced an intracerebral hemorrhage, which necessitated surgery to address bleeding in the brain.
The life-saving procedure involved temporarily removing part of his skull.
In September of that year, doctors extracted a 12 by 15 centimeter bone flap with plans to reattach it in a follow-up surgery a few weeks later.
However, according to a lawsuit recently filed in DeKalb County, Georgia, complications arose during the second surgery in November.
Allegedly, the hospital had difficulty locating the bone flap.
Fernando and his wife, Maria Cluster, are accusing the staff at Emory University Hospital Midtown of negligence, claiming this led to an extended hospital stay and caused both physical and emotional distress.
A spokesperson for Emory Healthcare stated that the organization does not comment on pending litigation but is “committed to providing high-quality, compassionate care for patients and those we serve in our communities.”
The lawsuit claims: “When Emory’s personnel went to retrieve the bone flap, ‘there were several bone flaps with incomplete or missing patient identification’ and therefore, Emory ‘could not be certain which if any of these belonged to Mr. Cluster.’”
The family contends that this mistake necessitated a synthetic bone flap. Compounding the issue, the synthetic flap became infected, requiring additional surgery, according to the suit.
Due to these surgeries and extended hospital stays, Cluster has faced increased medical expenses, amounting to “in excess of $146,845.00.”
While the lawsuit does not specify the amount of compensation sought, it indicates the couple is seeking both general and special damages.
In an interview with 11 Alive, the couple’s attorney, Chloe Dallaire, expressed their frustrations and ongoing concerns.
She stated: “They got various contradictory messages about why surgery was postponed and ultimately they were told that they had lost and misplaced a part of his skull.”
She added: “It is mind-blowing, literally.
“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.”