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Couple Sues Atlanta Hospital For Losing Portion Of Man’s Skull, Charging $19K For Replacement

DeMicia Inman
2 min read
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Update: 1:11 p.m. PT- Emory spokesperson Janet Christenbury issued the following statement to VIBE. ” Emory Healthcare is committed to providing high-quality, compassionate care for patients and those we serve in our communities. We do not comment on pending litigation.” The same text was previously used in statements regarding the lawsuit.

Original story below…

A couple is suing an Atlanta-based hospital after medical staff misplaced a portion of the husband’s skull. The section had been removed to complete a surgical procedure, and when it came time to replace the missing piece, it could not be located or accurately identified.

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According to CNN, the complaint was filed by Fernando Cluster and his wife, Melinda Cluster, earlier this month. He was admitted to Emory University Hospital Midtown in Atlanta in September 2022 and diagnosed with an intracerebral hemorrhage. Doctors removed a portion of Cluster’s skull measuring around 4.7 inches by 5.9 inches to ease pressure on the brain.

After healing from the surgery, Cluster was due to have the piece re-implanted, however, the operation did not go as scheduled. At the time, the doctors were unable to identify the bone flap belonging to Cluster.

Emory Hospital
Emory Hospital

“When Emory’s personnel went to retrieve the bone flap, there were several bone flaps with incomplete or missing patient identification’ and therefore, Emory ‘could not be certain which if any of these belonged to Mr. Cluster,” detailed the filing, per CNN.

According to the Clusters, the loss of the bone flap resulted in “extensive damages, including ongoing physical and emotional pain and suffering, and unnecessary medical bills,” noting that Cluster has “suffered permanent injuries” and is unable to work. The outlet reported his medical expenses totaled more than $146,800, according to the complaint, including $19,000 for a synthetic skull used during a rescheduled surgery.

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“Emory Healthcare is committed to providing high-quality, compassionate care for patients and those we serve in our communities. We do not comment on pending litigation,” explained Emory spokesperson Janet Christenbury in a statement to CNN.

Last month, Emory University Hospital ranked as the No. 1 hospital in Georgia and metro Atlanta in the 2024-25 Best Regional Hospitals rankings, for the 13th year in a row. VIBE has contacted Emory for a statement on the Cluster’s lawsuit.

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