After a brain bleed, a Georgia hospital temporarily removed part of a man’s skull. Employees lost the bone, lawsuit says

By Ashley R. Williams, CNN

(CNN) — A Georgia couple is suing a health care system after they say staff at one of its Atlanta hospitals misplaced a portion of the husband’s skull, which had been temporarily removed and later scheduled to be reimplanted, according to a complaint.

Fernando Cluster was admitted to Emory University Hospital Midtown in Atlanta in September 2022 and diagnosed with an intracerebral hemorrhage, or a brain bleed, the complaint filed on August 8 with the DeKalb County State Court states.

Doctors removed a portion of Cluster’s skull measuring around 4.7 inches by 5.9 inches to reduce pressure on the brain, the complaint states.

After he healed from that surgery, Cluster was scheduled to have the bone flap reimplanted in early November, but as he was being prepped for the cranioplasty, the complaint states Emory’s staff couldn’t identify the bone flap belonging to Cluster.

“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,’” according to the complaint.

Fernando Cluster and his wife, Melinda Cluster, are suing the hospital and unnamed staff for negligence, claiming that the loss of the bone flap resulted in “extensive damages, including ongoing physical and emotional pain and suffering, and unnecessary medical bills,” the complaint states.

According to the complaint, hospital staff ultimately told Fernando Cluster that his bone flap couldn’t be found and that the surgery would have to be canceled until a synthetic implant flap could be made.

He underwent surgery to have the synthetic bone flap implanted in late November and was charged for its cost and for the extra time he had to stay in the hospital, the complaint states.

“As a result of Emory’s negligence, Mr. Cluster subsequently suffered an infection in the synthetic flap, thereby necessitating an additional surgery,” according to the complaint.

In an emailed statement to CNN, Emory spokesperson Janet Christenbury said, “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.”

CNN has reached out to an attorney representing the Clusters for comment.

Cluster’s medical expenses totaled more than $146,800, according to the complaint. That amount includes more than $19,000 for the synthetic skull implant, the Atlanta Journal-Constitution reported.

The couple says Fernando Cluster “suffered permanent injuries” and hasn’t been able to work as a result of Emory’s negligence, the complaint states.

The Clusters’ lawsuit seeks compensation “for their injuries and damages” relating to the misplaced bone flap, according to the complaint.

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