Georgia Man Sues After Hospital Loses Part of His Skull, Then Charges Him $19K for Replacement

A Georgia man has filed a lawsuit against Emory University Hospital Midtown in Atlanta after part of his skull was lost during a medical procedure, leading to unexpected complications and costs. The patient, 62-year-old Fernando Cluster, underwent surgery for a brain bleed last year, which involved removing a portion of his skull.

According to the lawsuit, the hospital misplaced the section of his skull that had been removed during the procedure, which was meant to be reattached once he recovered. When the time came for the reattachment on November 11, 2022, hospital staff were unable to locate the bone flap. They discovered that several bone flaps in storage had incomplete or missing patient identification, making it impossible to determine which one belonged to Cluster.

As a result, the surgery had to be postponed, and a synthetic replacement was created instead. Unfortunately, the synthetic implant later became infected, requiring further surgery. Cluster was also billed $19,000 for the replacement piece.

Cluster and his wife, who are seeking damages for his physical and emotional suffering as well as medical expenses totaling over $146,845, expressed concern about the situation. “It is concerning that a hospital could lose part of a patient’s skull and not take responsibility,” they said in a statement through their attorney, Chloe Dallaire of the Hornsby Law Group.