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A Georgia hospital took out and lost a piece of a man’s skull during a brain surgery operation, according to a bombshell negligence lawsuit filed by a couple earlier this month.
Fernando Cluster was diagnosed with an intracerebral hemorrhage, a type of life-threatening stroke caused by a bleed on the brain, the lawsuit says.
In September 2022 he underwent a procedure – a decompressive hemicraniectomy – at Emory University Hospital Midtown, Atlanta, which involved removing a portion of his skull, with another scheduled to re-implant the “bone flap”.
But, on November 11 2022, as he was being prepared for the cranioplasty, hospital personnel “could not identify Plaintiff Mr Cluster’s bone flap,” according to the suit.
“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 lawsuit states.
“After a delay, Plaintiffs were ultimately informed that Mr Cluster’s bone flap could not be found.”
The lawsuit alleges that the hospital then replaced the piece of skull with a synthetic alternative and charged Cluster $19,000 for the replacement piece and the additional time spent in the hospital during the delay.
The “synthetic flap” also caused an infection which required Cluster to undergo further surgery.
“This is a simple negligence action arising from Emory University Hospital Midtown losing a piece of Fernando Cluster’s skull,” the lawsuit alleges.
“Said negligence has caused Plaintiffs extensive damages, including ongoing physical and emotional pain and suffering, and unnecessary medical bills.”
Fernando and his wife Melinda Cluster have not asked for a specific amount in the suit, but are seeking both general and special damages.
In a statement shared with NBC News, a spokesperson for Emory Healthcare said 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.”
