Hospital loses part of man’s skull and then charges him $19k for replacement when they couldn’t find it

A man from Georgia has filed a lawsuit against an Atlanta hospital, claiming that staff lost a nearly 28-square-inch piece of his skull following a routine procedure and then billed him for a synthetic replacement.

The lawsuit was filed after Fernando Cluster, who had checked into Emory University Hospital Midtown in September 2022 for treatment of an intracerebral hemorrhage (commonly known as a brain bleed), experienced a series of alarming events that left him with significant medical and emotional damages.

Doctors determined that a 4.7-by-6 inch section of Cluster’s skull needed to be removed to alleviate pressure on his brain.

However, when Cluster returned to the hospital two months later to have the removed piece of his skull reattached, the hospital could not find it.

According to an August 8 complaint, the piece of bone was lost among a collection of unidentified bone fragments from other patients.

Hospital staff noted in Cluster’s medical file: “We inspected the freezer where bone flaps are stored and could not find a bone flap with Mr. Cluster’s patient identification.”

“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.”

With the original bone missing and Cluster left with a large depression in the right side of his skull, his surgery was abruptly canceled. The hospital then fabricated a synthetic piece of skull, which was eventually inserted into Cluster’s head by the end of November.

However, the hospital charged him over $19,000 for the synthetic bone that was used to replace the piece they had lost.

Cluster’s ordeal did not end there. After the synthetic bone was inserted, he contracted an infection, necessitating additional surgery. This led to a period where he was unable to work.

By the time his medical treatment was complete, Cluster’s total bill had risen to over $146,800, and the hospital did not offer any discounts to him or his wife for the costs incurred due to their negligence.

Cluster’s attorney, Chloe Dallaire, expressed the couple’s frustration, stating, “While my clients are obviously upset that they and their insurance company were billed for the costs related to Emory’s negligence, I’m sure you can understand that their focus is on the egregiousness of Emory losing a part of his body and then having a flippant attitude about it afterwards.”

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Cluster and his wife are now seeking compensation from the hospital for both the medical expenses they have incurred and the emotional damages they have suffered as a result of this incident.