Emory University Hospital Sued Over Missing Skull Flap

A Georgia man who underwent surgery two years ago for a brain bleed and had to have part of his skull temporarily removed was then charged thousands of dollars after medical staff lost the bone and had to use synthetic materials to replace it, his attorneys said.

Fernando Cluster, 62, was initially admitted to Emory University Hospital Midtown in Atlanta on Sept. 30, 2022, and underwent a decompressive hemicraniectomy, a surgery to relieve pressure on the brain, according to a lawsuit filed earlier this month.

The lawsuit states that Cluster’s medical procedure involved removing a 12-by-15-centimeter portion of his skull, known as a bone flap. The bone flap was scheduled to be surgically replaced during a cranioplasty the next month.

However, Emory hospital workers were unable to find Cluster’s bone flap at the time of the follow-up surgery on Nov. 11, 2022, the lawsuit says.

The hospital did not immediately respond to HuffPost’s request for a comment and has so far not responded to Cluster’s claims in court filings.

Emory hospital staff had located the bone flap the day before Cluster’s surgery, but could not find it when preparing for the operation the next day, according to Cluster’s medical notes, which his attorney Chloe Dallaire shared with HuffPost.

“We inspected the freezer where bone flaps are stored and could not find a bone flap with Mr. Cluster’s patient identification,” the notes read. “There were several bone flaps with incomplete or missing patient identification, but we could not be certain which if any of these belonged to Mr. Cluster.”

Hospital staff told Cluster they had to reschedule his cranioplasty until a synthetic implant flap could be made, according to the lawsuit.

Dallaire said her client was forced to remain hospitalized due to the delay and was charged for his extended hospital stay. The surgery eventually took place on Nov. 23, 2022, but Cluster then developed an infection from the synthetic flap and had to undergo an additional surgery, the lawsuit says.

Cluster has been charged over $220,000 for medical expenses related to his visit, which include the cost of the synthetic bone flap, its removal after it became infected, and the implantation of a second synthetic flap, Dallaire told HuffPost in an email on Wednesday.

“It is shocking that a medical provider like Emory would lose part of one of its patient’s skulls and then refuse to accept responsibility,” Cluster said in a statement Dallaire provided. “We now have to live with the consequences of Emory’s negligence, including daily fear about another infection in my head and medical costs.”

According to his lawsuit, Cluster has suffered physical and emotional pain and is seeking a trial by jury. The lawsuit also names Cluster’s wife as a plaintiff, saying she has been “deprived of the love, society, companionship, and consortium of her husband.”

Dallaire told HuffPost that Cluster is recovering from the implantation of the second synthetic flap.

Dive deep into true crime cases and follow the latest headlines with HuffPost’s Suspicious Circumstances newsletter. Sign up here.