A couple has filed a lawsuit against Emory University Hospital Midtown in Atlanta after the facility allegedly lost a portion of a patient’s skull following brain surgery. Fernando and Maria Cluster are accusing the hospital of negligence, which they claim resulted in extended hospital stays, physical complications, and emotional distress.
In September 2022, Fernando Cluster was admitted to Emory Healthcare for emergency surgery to treat an intracerebral hemorrhage, a severe brain bleed. The procedure required the removal of a 12-by-15-centimeter bone flap from Cluster’s skull, which was intended to be reattached during a follow-up surgery weeks later. However, when the time came for the second operation in November 2022, hospital staff reportedly could not locate the bone flap, citing incomplete or missing patient identification on several stored bone flaps.
Due to the hospital’s inability to identify the correct bone flap, Cluster was forced to undergo surgery using a synthetic replacement. This led to a prolonged hospital stay and subsequent complications, including an infection that required additional medical intervention. The couple’s lawsuit claims that the synthetic flap and the extended recovery time have resulted in over $146,000 in medical expenses, as well as permanent injuries and impaired family relationships.
The lawsuit, filed in DeKalb County, Georgia, seeks both general and special damages for the physical and emotional toll on the Clusters. While Emory Healthcare has not commented on the pending litigation, the healthcare provider has stated its commitment to delivering high-quality, compassionate care to its patients and communities.