By Michael Phillips | WIBayNews
A Detroit-area hospital is facing a medical negligence lawsuit after allegedly losing a portion of a patient’s skull following a lifesaving stroke surgery—then offering the family a $25 gas card as compensation, a gesture attorneys describe as deeply insulting and emblematic of systemic failure.
The lawsuit, filed December 16, 2025, in Wayne County Circuit Court, centers on the care of Edna Burton, a 61-year-old woman who worked at the hospital for more than two decades before becoming a patient herself.
A Routine Medical Protocol Gone Wrong
In June 2023, Burton suffered a severe stroke and was admitted to what was then operated by Ascension Health at Ascension St. John Hospital in Detroit. Surgeons performed a decompressive right hemicraniectomy, a standard emergency procedure in which a section of the skull—known as a bone flap—is removed to relieve dangerous swelling in the brain.
Under established medical protocols, that bone flap is preserved, often frozen in a tissue bank, so it can later be reattached during a follow-up surgery known as a cranioplasty.
But when Burton returned in March 2024 for that follow-up procedure, hospital staff reportedly discovered the bone flap was missing.
According to the lawsuit, the fragment was mixed up with tissue from another patient with a similar name and was either lost or discarded.
Synthetic Replacement—and a Sharp Decline
With the original bone unavailable, surgeons implanted a synthetic prosthetic plate instead. While synthetic materials are commonly used when necessary, Burton’s family alleges her condition declined dramatically afterward.
Her daughter, Erica Burton, says her mother became largely non-verbal, stopped eating normally, developed bed sores, and was unable to continue physical therapy due to severe pain. The family contends the loss of Burton’s own bone flap—and the hospital’s handling of the situation—played a significant role in her deterioration.
The lawsuit also alleges that hospital representatives attempted to downplay the incident, at one point suggesting that the synthetic implant was “better” than Burton’s own bone. Attorneys for the family called that claim “asinine.”
The $25 Gas Card
Perhaps the detail that has drawn the most public outrage is the hospital’s alleged response once the mistake was discovered.
According to the complaint, Burton’s family was offered a $25 gas card as a gesture of apology—an offer they say compounded the harm and demonstrated a lack of accountability or respect.
“This wasn’t a misplaced chart or a scheduling error,” one attorney said in public statements. “This was part of her body.”
Who Is Responsible?
The lawsuit names Ascension Health as a primary defendant. In 2024, operational control of the hospital transitioned to Henry Ford Health, which has sought dismissal from the case, arguing that the negligence occurred before it assumed control.
Both health systems have declined detailed public comment, citing ongoing litigation.
A Broader Patient-Safety Question
While the case has gone viral for its shocking details, it raises deeper questions about hospital specimen tracking, chain-of-custody protocols, and accountability in large healthcare systems.
Similar incidents—though rare—have surfaced nationally in recent years, prompting concerns about how biological materials are labeled, stored, and audited. As hospitals consolidate and change ownership, critics argue that responsibility gaps can emerge, leaving patients caught in the middle.
Medical experts also note that outcomes after massive strokes can vary widely, and the lawsuit will ultimately hinge on whether Burton’s decline can be causally linked to the missing bone flap or whether it reflects the severity of the original neurological injury. That determination will require expert testimony and full discovery, which has not yet begun.
What Happens Next
The case is in its earliest stages. No rulings have been issued, and no settlement discussions have been made public. The Burton family is seeking compensatory damages for permanent injury, pain, and loss of quality of life.
For now, the lawsuit serves as a stark reminder that even routine medical protocols can have devastating consequences when basic safeguards fail—and that how institutions respond to those failures can matter as much as the mistake itself.
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