In the case that Fernando Cluster filed against Emory University Hospital Midtown in Atlanta, he claims that he was charged $19,000 for a synthetic skull replacement piece that eventually had to be removed as well because it got contaminated.
According to the allegations, a guy from Georgia filed a lawsuit against a hospital after the institution reportedly lost a portion of his skull during a surgery and then billed him for a synthetic substitute that also needed to be removed because it got infected.
A complaint was submitted by the Hornsby Law Group on behalf of Fernando Cluster, who was 62 years old at the time. The claim states that during a treatment that took place on September 30, 2022, Fernando Cluster lost a tiny portion of his skull at Emory University Hospital Midtown in Atlanta.
In the lawsuit that was submitted on August 8, 2024, it is said that Cluster was diagnosed with a “intracerebral hemorrhage” after he had passed out and fallen. Due to this, he was brought to the hospital in order to have a procedure known as a “decompressive hemicraniectomy.”
The removal of a tiny bit of the skull, sometimes known as a “bone flap,” is part of this treatment, which is performed to alleviate pressure on the brain. It was said in the complaint that the portion that was taken from Cluster’s skull was 12 centimeters by 15 centimeters.
After he had recovered from the original operation and was prepared to have the skull section reattached, on November 11, 2022, “Emory personnel could not identify Plaintiff Mr. Cluster’s bone flap,” according to the court filing. This occurred after he had been set to undergo the procedure.
According to the allegations made in the lawsuit, when medical staff went to remove Cluster’s skull section, “there were several bone flaps with incomplete or missing patient identification.” This suggests that this may not have been a unique incidence. Since this was the case, it was said that they “could not be certain which of these, if any of them, belonged to Mr. Cluster.”
According to the allegations, Cluster was ultimately informed that the hospital would not be able to carry out the procedure.
“It is shocking that a medical provider like Emory would lose part of one of its patient’s skulls and then refuse to accept responsibility,” Cluster and his wife stated in a statement that was delivered to Law & Crime over the weekend by attorney Chloe Dallaire. Cluster expressed their disbelief at the fact that Emory would do such a thing.
On the 23rd of November, 2022, Cluster consented to undergo a new treatment, which included the implantation of a synthetic implant flap. He is claiming that the hospital was negligent, which led to a lengthy stay in the hospital, as well as this surgery that was not planned and executed.
The lawsuit filed by Cluster asserts that the hospital cost him a total of $19,000 for the synthetic bone flap itself, as well as the procedure of implanting it into his skull. Additionally, the lawsuit says that the hospital charged him for the extra time he was required to remain in the hospital.
After the implanted synthetic bone flap developed an infection, which necessitated still another surgical procedure, he was reportedly charged with further charges at a later time.
“We now have to live with the consequences of Emory’s negligence, including daily fear about another infection in my head and medical costs,” according to the subsequent statement.
“We want to know if this has happened to other patients to see if Emory has given them an explanation,” the Clusters said in their statement. “We want to know if Emory has provided an explanation to them.” “Our goal is to make sure this never happens to another patient again.”
Cluster is also asserting that he is unable to work and that the claimed carelessness of the hospital has had an effect on him to the extent that he is both physically and emotionally harmed. As a result of this occurrence, his medical bills are presently estimated to be $146,845 and are anticipated to continue to grow, according to the lawsuit.
According to WSB-TV, Cluster and his wife have filed a lawsuit not just for damages and compensation resulting from the incident, but also for special damages, lawyers’ fees, and any additional charges that Emory is obligated to pay in the event that they prevail. A fresh request for a jury trial has been made by them.
WSB-TV reached out to the hospital in order to inquire about this complaint, and the hospital responded with the following statement: “Emory Healthcare is committed to providing high-quality, compassionate care for patients and those we serve in our communities…” We do not comment on litigation that is currently underway.
