Couple sues Atlanta hospital for allegedly losing part of patient’s skull following brain surgery

A couple is suing an Atlanta hospital that allegedly lost part of a patient’s skull after it was removed during brain surgery because “several bone flaps” were lacking identification.

Fernando and Maria Cluster are accusing staff at Emory University Hospital Midtown of negligence that led to an increased hospital stay as well as both physical and emotional damages, according to the complaint filed in DeKalb County, Georgia. An email requesting comment from Emory Healthcare representatives was not immediately returned on Sunday.

Fernando Cluster was at an Emory Healthcare hospital in September 2022 because he was suffering from a intracerebral hemorrhage, otherwise known as bleeding into the brain. To treat the bleeding, Cluster required emergency surgery that would include removing a portion of his skull, according to the suit.

The doctors removed a 12-by-15-centimeter bone flap with a plan to secure it back in place during a second surgery weeks later, the suit said.

But in November 2022, when Cluster was set to have his follow-up operation, the hospital allegedly struggled to find the bone flap.

“When Emory’s personnel went to retrieve the bone flap, ‘there were several bone flaps with incomplete or missing patient identification’ and therefore, Emory ‘could not be certain which if any of these belonged to Mr. Cluster,’” the suit said.

This ultimately required him to get a synthetic bone flap and entailed a significantly longer stay in the hospital. The couple alleges that the synthetic flap also caused an infection and that required another surgery.

Cluster has incurred “medical expenses in excess of $146,845.60” after being charged for the synthetic flap and the prolonged hospital stay in addition to his surgeries, the suit said.

The couple alleges in the suit that he has been unable to work, his family relationship has been impaired, and he has suffered permanent injuries due to the hospital’s negligence.

Their lawsuit doesn’t state an amount the couple is seeking, but notes that they are seeking both general and special damages. In civil suits, general damages are considered more subjective forms of compensation for claims such as emotional distress or harm to quality of life while special damages are more specific economic harms.

A spokesperson for Emory Healthcare gave a statement to CNN, saying it does not comment on pending litigation but “is committed to providing high-quality, compassionate care for patients and those we serve in our communities.”