Nashville Opera singer claims botched surgery - New York News

Nashville Opera singer claims botched surgery

Posted: Updated:

By BRETT BARROUQUERE

LOUISVILLE, Ky. (AP) — A singer with the Nashville Opera Company is suing the federal government saying a botched childbirth operation at a military post has caused flatulence and incontinence and threatened her career.

Amy Herbst and her husband, former Army Staff Sgt. James Herbst, claim a nurse-midwife at Blanchfield Army Community Hospital at Fort Campbell, Ky., caused her injuries during the birth of her son in February 2012 when the nurse performed an episiotomy.

The couple, who live in Cincinnati, claims the nurse made an incision for an episiotomy during the second stage of Herbst's labor, without informing Herbst or getting her consent. During a follow-up visit, another nurse told Herbst attempts to repair the incision had been unsuccessful.

An episiotomy is a cut the doctor or midwife makes in the perineum, which is the area between the vagina and anus. It is done to help deliver the baby or to help prevent the muscles and skin from tearing. They are typically recommended only when the baby is in distress.

A colorectal surgeon at Vanderbilt University Medical Center in Nashville told her she would need reconstructive surgery to repair the damage, but it "would likely not eliminate the lack of control of flatus and (that she) may require additional surgeries in the future."

Herbst alleges she is unable to work as a professional opera singer "as a result of her incontinence and excessive flatulence."

A message left for a spokeswoman for the hospital was not immediately returned Wednesday. An attorney for Herbst, Greg Sergent of Covington, Ky., declined comment.

The Nashville Opera Company's website indicates Herbst is a mezzo-soprano and was an ensemble member scheduled to perform in its production of Madame Butterfly in October 2012. Her husband was a soldier at Fort Campbell on the Kentucky-Tennessee state line at the time but has since left the Army.

Herbst is unable to work as a professional opera singer "as a result of her incontinence and excessive flatulence," the suit alleges.

All future pregnancies would require Cesarean delivery, the suit also alleges, which would pose an added risk to her singing career.

Under the concept of sovereign immunity, in which the government may not be sued without its permission for acts taken on behalf of it, most people have high legal hurdles to cross to bring a lawsuit. Under Federal Tort Claims Act, the government has waived sovereign immunity if a tortious act of a federal employee causes damage.

The couple is seeking $2.5 million in damages and costs. The Herbsts filed the suit Jan. 16 in federal court in Cincinnati.

______

Follow Associated Press reporter Brett Barrouquere on Twitter: http://twitter.com/BBarrouquereAP

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Local NewsLocal NewsMore>>

  • PETA protests Central Park horse-drawn carriages

    PETA protests Central Park horse-drawn carriages

    Thursday, April 24 2014 6:08 PM EDT2014-04-24 22:08:12 GMT
    Chanting the mayor's name in appreciation, some 50 demonstrators protested horse-drawn carriages in the city on Thursday. The protest was organized by PETA and NYCLASS after a horse fell on the corner of 5th Avenue and 59th Street Wednesday. The protestors said the horse was spooked by a bus and cited witness accounts who shot some video. The horse that fell is 15-year-old Spartacus.
    Chanting the mayor's name in appreciation, some 50 demonstrators protested horse-drawn carriages in the city on Thursday. The protest was organized by PETA and NYCLASS after a horse fell on the corner of 5th Avenue and 59th Street Wednesday. The protestors said the horse was spooked by a bus and cited witness accounts who shot some video. The horse that fell is 15-year-old Spartacus.
  • Superstorm Sandy

    NYU Langone unveils rebuilt emergency room

    NYU Langone unveils rebuilt emergency room

    Thursday, April 24 2014 5:54 PM EDT2014-04-24 21:54:40 GMT
    A year and a half after Superstorm Sandy hit New York, a major city emergency facility that was destroyed finally fully reopened Thursday — with waterproof walls. Gov. Andrew Cuomo joined Mayor Bill de Blasio and other dignitaries to celebrate the emergency complex at the NYU Langone Medical Center, which is now triple the size of the old one and equipped with the latest technology.
    A year and a half after Superstorm Sandy hit New York, a major city emergency facility that was destroyed finally fully reopened Thursday — with waterproof walls. Gov. Andrew Cuomo joined Mayor Bill de Blasio and other dignitaries to celebrate the emergency complex at the NYU Langone Medical Center, which is now triple the size of the old one and equipped with the latest technology.
  • Princeton University giving town $24M

    Princeton University giving town $24M

    Thursday, April 24 2014 5:33 PM EDT2014-04-24 21:33:55 GMT
    Princeton University has agreed to contribute more than $24 million over the next seven years to the town of Princeton. The deal was announced Thursday and is set for consideration by the town government's approval on Monday. The university and town officials frame it was as a way to resolve an age-old issue in college towns where much of the land is university-owned and thus tax-exempt.
    Princeton University has agreed to contribute more than $24 million over the next seven years to the town of Princeton. The deal was announced Thursday and is set for consideration by the town government's approval on Monday. The university and town officials frame it was as a way to resolve an age-old issue in college towns where much of the land is university-owned and thus tax-exempt.
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices