A Georgia man is suing an Atlanta hospital after staff allegedly lost a nearly 28-square-inch section of his skull following a routine procedure and then charged him for a synthetic replacement when they were unable to locate the original bone.
Mr. Fernando Cluster was admitted to Emory University Hospital Midtown in September 2022 after suffering an intracerebral hemorrhage, commonly known as a brain bleed. According to an August 8 complaint obtained by the Atlanta Journal-Constitution, doctors determined that a 4.7-by-6-inch portion of his skull needed to be removed to relieve pressure.
When Cluster returned to the hospital two months later for the skull piece to be reattached, the staff could not locate it among a collection of unidentified bone fragments from other patients.
“We inspected the freezer where bone flaps are stored and could not find a bone flap with Mr. Cluster’s patient identification,” a note in his medical file stated. “There were several bone flaps with incomplete or missing patient identification, but we could not determine which, if any, belonged to Mr. Cluster.”
With a large hole in his skull and no immediate way to repair it, Cluster was left with a significant depression on the right side of his head after the removal. His surgery was delayed while the hospital arranged for a synthetic replacement.
By late November, the synthetic skull piece had been inserted, but the hospital billed him over $19,000 for the replacement of the bone they had allegedly lost.
Cluster’s ordeal did not end there. After the synthetic bone was implanted, he developed an infection that required additional surgery, leaving him unable to work for a period of time.
Ultimately, his medical bills skyrocketed to over $146,800, and the hospital reportedly did not offer any discounts for the treatment.
“My clients are understandably upset that both they and their insurance company were billed for costs resulting from Emory’s negligence. However, their primary concern is the gravity of Emory losing a part of his body and their dismissive response afterward,” said Cluster’s attorney, Chloe Dallaire, in a statement to the Journal-Constitution.
Cluster and his wife are seeking compensation from the hospital for medical expenses and emotional distress.