An Atlanta couple finds themselves at the center of legal action against Emory University Hospital after the shocking assertion of losing part of one patient’s skull during surgery.
Fernando Cluster, 62, and his wife Melinda Cluster, have filed suit, claiming negligence on the part of the hospital has led to severe physical and emotional distress, compounded by exorbitant medical bills.
The couple’s legal troubles began following Fernando’s surgery for a brain bleed on September 30, 2022, where the hospital performed decompressive hemicraniectomy and removed a section of his skull known as the bone flap.
This piece, which measured approximately 12 centimeters by 15 centimeters, was to be re-implanted during a follow-up cranioplasty scheduled for November 11, 2022.
When the time came for the re-implantation, staff discovered multiple bone flaps, many of which had unclear or missing identification, leaving them unable to locate Fernando’s original bone flap.
According to Fernando’s attorney, Chloe Dallaire, hospital personnel could not determine which flap belonged to him, leading to confusion and distress for the Cluster family.
“They’re terrified every day,” Dallaire stated, emphasizing the conflicting messages the couple received about their loved one’s care.
The mix-up forced Fernando to undergo yet another surgery, this time implanting a synthetic flap, which the hospital reportedly charged $19,000 for.
Post-surgery complications escalated as Fernando developed an infection from the synthetic flap, necessitating additional surgery and extending his hospital stay by several days, which accumulated more medical costs.
The lawsuit claims the hospital’s actions have resulted not only in physical pain but also emotional suffering, as well as financial burdens amounting to over $146,845, combined from various treatments and extended care.
Fernando has since expressed feelings of anxiety over the possibility of future infections, which haunts him as he navigates his recovery at home.
The couple is also pursuing claims for loss of consortium, with Melinda stating her husband’s injuries have deprived her of companionship and support.
“It is shocking,” Dallaire mentioned, “that Emory would lose part of one of its patient’s skulls and then refuse to accept responsibility.”
The reputation of the Emory University Hospital system, known for its high-ranking medical staff and facilities, has drawn even more attention to the allegations against it.
Despite its status, the hospital system has recently faced scrutiny; for example, another local hospital within the network, Emory Saint Joseph’s Hospital, endured significant backlash after being ordered to pay $38.6 million to a plaintiff in another malpractice case.
This incident has sparked concern among residents and advocates about the potential for systemic issues within the Emory healthcare system.
Though Emory Healthcare has not commented directly on the pending litigation, they asserted their commitment to providing compassionate and quality care to its patients.
Now, as the lawsuit progresses, the Clusters hope to raise awareness about the potential for negligence within the hospital system and are seeking accountability through the court.
Their case serves as a reminder of the fragility of patient trust and the immense responsibility healthcare providers hold when it concerns human life.
With the legal proceedings underway, the story of Fernando Cluster is garnering attention, prompting community discussions about medical negligence and the imperative for hospitals to uphold their commitment to patient safety.
Stay tuned as more developments are expected to emerge from this case, which could reshape perceptions of accountability within Atlanta’s medical institutions.
Fernando's situation highlights the serious consequences medical errors can have not just on patients, but their families as well, as they navigate the difficult waters of recovery following such distressing events.
