Georgia Couple Sue Hospital for Allegedly Misplacing Part of Patient’s Skull

Court documents indicate that a couple has sued Emory University Hospital Midtown, alleging that the hospital billed them $19,000 for a new skull bone after the hospital lost the original during surgery in September of 2022.

According to the documentation given to the court in DeKalb County, Georgia, Fernando and Maria Cluster sued Emory, stating that the facility was negligent since it reportedly lost part of Fernando’s skull after he had brain surgery. The complaint describes how the couple went through physiological and mental suffering, prolonged hospital stays, and more surgical procedures.

Fernando Cluster was in an Emory Healthcare facility for a brain hemorrhage in September 2022. According to the lawsuit, Cluster needed emergency surgery, which involved removing part of his skull.  The lawsuit claimed that the surgeons had taken out a 5-by-6-inch bone flap with the intention of reattaching it later on, but the hospital couldn’t find the piece in November 2022, just before Cluster was scheduled for his follow-up procedure. An infection that required further surgery was one of many issues stemming from the usage of an artificial bone, according to court documents.

During a cranioplasty, the surgeon will lift the scalp and use either the patient’s skull or a specially designed graft created of materials like titanium, liquid synthetic bone substitute, or solid biomaterial that matches the patient’s skull shape. Cranioplasty has several potential uses, including safeguarding the brain, enhancing neurological function, and for cosmetic reasons.  Headaches caused by past surgeries or injuries can also be alleviated with cranioplasty.

The court records claim that Cluster’s skull bone being misplaced and other complications led to an extensive hospital stay and an avalanche of medical bills totaling more than 146 thousand dollars.

Although the amount of money sought by the Clusters is unknown, they are demanding general and special damages. General damages cover mental anguish or diminished quality of life, and special damages cover economic impairment. The couple claims in their lawsuit that Fernando’s incapacity to work, damage to family relationships, and his permanent physical and mental impairments are all results of the hospital’s carelessness.

Emory has given no statements on the case.