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An Atlanta couple is suing a prominent healthcare provider, alleging that the hospital misplaced part of a man’s skull during a procedure.
What’s the deal: Fernando Cluster, an Atlanta resident, underwent surgery at Emory University Hospital Midtown in September 2022 to treat a brain hemorrhage, during which part of his skull was removed. When doctors planned to reimplant the bone flap in November, it was discovered to be missing, along with incomplete or missing identification on other stored bone flaps, preventing its identification. As a result, Cluster had to receive a synthetic implant instead. Despite the hospital’s error, Emory Healthcare billed Cluster $19,000 for the synthetic implant.

What the lawsuit states: Fernando and his wife, Melinda Cluster, filed a lawsuit against Emory Healthcare and unnamed staff, accusing the hospital of negligence for losing a piece of Fernando’s skull. The lawsuit claims this loss caused significant physical and emotional suffering, leading to additional surgeries, including the implantation of a synthetic bone flap that became infected. The Clusters are seeking compensation for extensive damages, including over $146,800 in ongoing medical expenses, loss of income due to Fernando’s inability to work, and the hospital’s attempt to charge $19,000 for the synthetic implant.
What Cluster’s lawyers are saying: Chloe Dallaire, a lawyer representing the Clusters, said, “They’re scared. They’re terrified every day. They got various contradictory messages about why surgery was postponed and ultimately, Emory told them that they had lost and misplaced a part of his skull. It’s mind blowing, literally, not to play a pun on words, but an institution like Emory misplacing and mislabeling people’s body parts? It’s unfathomable.”
Emory Healthcare statement: In a brief statement, Janet Christenbury, a spokeswoman for Emory Healthcare, said the hospital was “committed to providing high-quality, compassionate care for patients and those we serve in our communities.” They declined to comment on the case, citing active litigation.