Fernando Cluster, a resident of Atlanta, found himself in a bizarre and distressing situation when an Atlanta hospital allegedly lost a significant piece of his skull. What makes this situation even more unbelievable is the fact that the hospital then had the audacity to charge Cluster a whopping $19K for a synthetic replacement. Understandably outraged by this turn of events, Cluster has taken legal action against the hospital, sparking a heated debate about medical negligence and patient rights.
The incident unfolded when Cluster underwent a surgical procedure at the Atlanta hospital, during which a nearly 28-square-inch piece of his skull went missing. This grievous error not only raised serious concerns about the hospital’s standard of care but also left Cluster facing the daunting prospect of living without a crucial part of his skull.
Fernando Cluster checked in to Emory University Hospital Midtown in September 2022 for an intracerebral hemorrhage — commonly known as a brain bleed — and doctors determined a 4.7-by-6 inch piece of his skull needed to be removed to reduce pressure, according to an Aug. 8 complaint obtained by the Atlanta Journal-Constitution.
But after returning to the hospital two months later to have the piece of skull replaced, the hospital couldn’t find it amidst a pile of other unidentified bone fragments from other patients’ bodies.
“We inspected the freezer where bone flaps are stored and could not find a bone flap with Mr. Cluster’s patient identification,” a note left by hospital staff in Cluster’s medical file read. “There were several bone flaps with incomplete or missing patient identification, but we could not be certain which if any of these belonged to Mr. Cluster.”
With a hole in his head and nothing to fill it with — the removal left Cluster with a large depression in the right side of his skull — Cluster’s surgery was cancelled while the hospital fabricated a synthetic piece of skull.
By the end of November, the replacement had been inserted into Cluster’s head — but the hospital charged him over $19,000 for the synthetic bone to replace what they’d allegedly lost.
Cluster’s nightmare was far from over, however.
After the synthetic bone was inserted, he contracted an infection and needed an additional surgery and was left unable to work for a time.
By the end of his ordeal, Cluster’s bill topped $146,800 — and the hospital allegedly never offered him and his wife any discounts for the treatment.
“While my clients are obviously upset that they and their insurance company were billed for the costs related to Emory’s negligence, 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,” Cluster’s attorney Chloe Dallaire told the Journal-Constitution.
Cluster and his wife are seeking to have the hospital compensate them for medical bills and emotional damages.
Fernando Cluster’s lawsuit against the Atlanta hospital is a poignant reminder of the vulnerable position that patients often find themselves in when seeking medical care. It is a call to action for the healthcare industry to do better, to prioritize patient safety, and to ensure that incidents of medical negligence and malpractice are swiftly addressed and rectified. In the quest for justice and accountability, Fernando Cluster’s story serves as a powerful symbol of hope for all those who have faced similar challenges in their healthcare journey.
Flip to the next page for photos of Fernando Cluster’s condition…
