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US hospital lost part of patient’s skull, then charged him US$19,000 for replacement

  • Added costs from Fernando Cluster’s botched surgery ended up at over US$146,000, which his lawsuit blames on the hospital’s mistake

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Fernando Cluster and his wife have filed a lawsuit seeking compensation and damages from Emory University Hospital Midtown. Photo: TNS

Fernando Cluster went to Emory University Hospital Midtown in Atlanta, Georgia, with a brain bleed in September 2022. It was serious: they needed to remove part of his skull temporarily, to give his brain space to swell and heal.

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But when he went into surgery again six weeks later for surgeons to replace the skull piece – the size of a saucer, about 11.5cm by 15cm (4.5 inches by 6 inches) – the hospital could not find it.

The surgery was cancelled. What came next was several days of waiting, as Emory had to order a synthetic replacement to be produced in the exact shape of the missing piece, called a “bone flap”.

After he received the skull implant, Cluster developed an infection, which the lawsuit calls a known complication that can arise from a synthetic implant.

Cluster and his wife have now filed a lawsuit asking the courts to order Emory to compensate them for injuries and damages. In addition to the cost of his surgery, the lawsuit says Emory has charged US$146,845.60 for things that were a direct result of their mistake. That includes more than US$19,000 for the synthetic skull implant itself.

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
Chloe Dallaire, patient’s lawyer

According to documents the Clusters assembled for the lawsuit, Emory doctors added a note to Cluster’s medical file explaining the events of the day his surgery was cancelled: “Although we were informed yesterday by OR [operating] staff that Mr. Cluster’s bone flap was located and ready for replacement, it could not be found today when preparing for surgery.

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