Fernando Cluster’s lawsuit against Emory University Hospital Midtown, filed August 8, 2024 in DeKalb County State Court, is still pending, with no verdict, settlement, or trial date publicly reported. Cluster alleges the Atlanta hospital lost the piece of his skull removed during emergency brain surgery, then billed him $146,845.60 for the extra care its mistake required.1Fox 5 Atlanta. Emory Hospital Loses Piece of Man’s Skull, Charges Him for It: Lawsuit2New York Times. Atlanta Brain Surgery Skull Lawsuit
What Emory Lost
Cluster was admitted on September 30, 2022 after an intracerebral hemorrhage. Surgeons performed a decompressive hemicraniectomy, removing a bone flap roughly 4.5 by 6 inches to relieve pressure on his brain. The plan was to freeze the flap and reattach it later in a cranioplasty.1Fox 5 Atlanta. Emory Hospital Loses Piece of Man’s Skull, Charges Him for It: Lawsuit
The cranioplasty was scheduled for November 11, 2022. When the surgical team went to retrieve the flap, it was gone. A progress note from neurosurgeon Dr. Matthew Agam recorded that he inspected the freezer himself and found several bone flaps with “incomplete or missing patient identification,” making it impossible to confirm which, if any, belonged to Cluster.1Fox 5 Atlanta. Emory Hospital Loses Piece of Man’s Skull, Charges Him for It: Lawsuit
The Medical Consequences
Emory ordered a custom synthetic implant. Cluster waited nearly two weeks in the hospital until it was manufactured, and the cranioplasty was performed on November 23, 2022.3USA Today. Emory Hospital Atlanta Georgia
The lawsuit alleges the synthetic implant carried a higher infection risk than Cluster’s own bone would have. Cluster developed an infection in the implant that required another surgery. His wife, Melinda, described the infection as severe, saying it “was draining. It was just pouring down his head.”411Alive. Decatur Georgia Couple Alleges Doctors Lost Bone Piece of Skull
Cluster has not returned to work. He has described ongoing headaches and pain on the left side of his head.411Alive. Decatur Georgia Couple Alleges Doctors Lost Bone Piece of Skull
What the Lawsuit Claims
The complaint, filed by attorney Chloe Dallaire of the Hornsby Law Group, alleges gross negligence in Emory’s failure to properly label and track stored bone flaps.5Atlanta Journal-Constitution. Emory Hospital Loses Part of Patient’s Skull, Charges $19K for Replacement It seeks general and special damages covering:
- Medical expenses of $146,845.60 billed by Emory for the extended stay, synthetic implant, and additional surgeries caused by the error. The synthetic flap alone was priced at more than $19,000, and the hospital offered no discount.5Atlanta Journal-Constitution. Emory Hospital Loses Part of Patient’s Skull, Charges $19K for Replacement6WION News. US Man Sues Hospital for Losing Part of His Skull and Charging $19K
- Physical and emotional suffering, including ongoing pain, permanent injuries, and daily fear of future infection.
- Lost income, as Cluster has been unable to work since the incident.
- Loss of consortium, in a separate claim by Melinda Cluster alleging she has been “deprived of the love, society, companionship and consortium of her husband.”2New York Times. Atlanta Brain Surgery Skull Lawsuit
The Clusters have not publicly specified a total dollar figure. They have demanded a jury trial.7NPR. Georgia Atlanta Lost Skull Brain Surgery Lawsuit
In a statement through their attorney, the Clusters said: “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.” They added, “Our goal is to make sure this never happens to another patient again.”1Fox 5 Atlanta. Emory Hospital Loses Piece of Man’s Skull, Charges Him for It: Lawsuit
Emory’s Response
Emory has not addressed the specifics of the allegations. Spokeswoman Jennifer Phillips said the system “is committed to providing high-quality, compassionate care in the communities we serve” and declined to comment further on pending litigation.5Atlanta Journal-Constitution. Emory Hospital Loses Part of Patient’s Skull, Charges $19K for Replacement
The American Association of Tissue Banks has noted that federal rules require unique identifiers such as barcodes to track tissue once it is implanted, but those requirements do not extend to the storage period before reimplantation.5Atlanta Journal-Constitution. Emory Hospital Loses Part of Patient’s Skull, Charges $19K for Replacement
Where the Case Stands
The case remains active in DeKalb County State Court. No trial date, ruling, or settlement has been reported.2New York Times. Atlanta Brain Surgery Skull Lawsuit Georgia law requires medical malpractice complaints to include a sworn affidavit from a qualified expert attesting that the defendant’s conduct fell below the accepted standard of care; failure to file dismisses the case.8Justia. Georgia Code Section 9-11-9.1 The lawsuit has moved past that filing stage.