Emory Healthcare Sued by Atlanta Couple for Allegedly Misplacing Man’s Skull During Surgery

An Atlanta couple is taking legal action against Emory Healthcare, claiming that the hospital lost a piece of the man’s skull during a medical procedure. This incident has led to additional surgeries, physical and emotional suffering, and a significant increase in medical bills for Fernando Cluster and his wife, Melinda Cluster.

According to the lawsuit filed in DeKalb County State Court, Fernando Cluster underwent a decompressive hemicraniectomy on Sept. 30, 2022, at Emory University Hospital Midtown. During this procedure, a portion of his skull, known as a bone flap, was removed. The plan was to re-implant the bone flap during a cranioplasty on Nov. 11, 2022. However, when Emory staff attempted to retrieve the bone flap, they discovered that several flaps had incomplete or missing patient identification, making it impossible to determine which one belonged to Fernando Cluster.

The couple’s attorney, Chloe Dallaire, expressed their anxiety and confusion, stating, “They’re scared. They’re terrified every day. They got various contradictory messages about why surgery was postponed and ultimately, Emory told them that they had lost and misplaced a part of his skull.” Further investigation revealed that doctors were aware of the issue when looking for the bone flaps stored, as they couldn’t find one with Cluster’s identification.

Instead of the original bone flap, Fernando Cluster had to undergo a 3D printed synthetic flap implanted weeks later. Adding insult to injury, Emory Hospital then allegedly attempted to charge Fernando $19,000 for recreating the lost part of his skull synthetically.

The Clusters argue that Emory’s negligence resulted in additional surgeries and extended hospital stays for Fernando Cluster, leading to significant physical and emotional distress. They are seeking compensation for his permanent injuries, which have accrued over $146,845.60 in medical expenses so far. The lawsuit also includes a claim for loss of consortium, with Melinda Cluster asserting that her husband’s injuries have deprived her of his love, society, and companionship.

In response to the lawsuit, Emory Healthcare declined to comment on the pending litigation, emphasizing their commitment to providing high-quality compassionate care to their patients. The Clusters are requesting a jury trial and seeking general and special damages, as well as any other relief deemed appropriate by the court for this unfortunate incident.

“What’s frustrating is that, 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, and that’s terrifying on a daily basis,” Dallaire said.