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>>

  • Caesars enters New York casino competition

    Caesars enters New York casino competition

    Tuesday, April 22 2014 10:52 PM EDT2014-04-23 02:52:22 GMT
    Caesars Entertainment entered the competition to open a casino in upstate New York on Tuesday with a proposal to build a $750 million complex 50 miles north of New York City. The complex would include a casino, a hotel and a meeting space and would be located in Woodbury, in Orange County. The Las Vegas-based Caesars, which operates 52 casinos around the world, has submitted a $1 million casino license application fee to state gambling regulators.
    Caesars Entertainment entered the competition to open a casino in upstate New York on Tuesday with a proposal to build a $750 million complex 50 miles north of New York City. The complex would include a casino, a hotel and a meeting space and would be located in Woodbury, in Orange County. The Las Vegas-based Caesars, which operates 52 casinos around the world, has submitted a $1 million casino license application fee to state gambling regulators.
  • Hoax 'swatting' call sends dozens of cops to LI home

    Hoax 'swatting' call sends dozens of cops to LI home

    Tuesday, April 22 2014 10:43 PM EDT2014-04-23 02:43:53 GMT
    Heavily armed police officers descended on a home in Long Beach, Long Island, Tuesday afternoon thinking they might find a grisly murder scene. Instead they found a terrified woman who had no clue what they were talking about and her teenaged son playing video games. "We received a phone call from a gentleman who stated he had just shot his mother and his brother," Long Beach Police Commissioner Michael Tangney said. "Unfortunately, this is a terrible national problem for law enforcement."
    Heavily armed police officers descended on a home in Long Beach, Long Island, Tuesday afternoon thinking they might find a grisly murder scene. Instead they found a terrified woman who had no clue what they were talking about and her teenaged son playing video games. "We received a phone call from a gentleman who stated he had just shot his mother and his brother," Long Beach Police Commissioner Michael Tangney said. "Unfortunately, this is a terrible national problem for law enforcement."
  • NYPD Twitter hashtag backfires

    NYPD Twitter hashtag backfires

    Tuesday, April 22 2014 9:14 PM EDT2014-04-23 01:14:35 GMT
    An NYPD plan intended to better connect with the community seems to have backfired a bit. The police department asked its twitter followers to share pictures of themselves with New York City police officers using the hashtag "myNYPD." Some did share nice pictures, but others not so much.Some of the first pictures posted showed regular citizens standing with very friendly looking police officers.
    An NYPD plan intended to better connect with the community seems to have backfired a bit. The police department asked its twitter followers to share pictures of themselves with New York City police officers using the hashtag "myNYPD." Some did share nice pictures, but others not so much.Some of the first pictures posted showed regular citizens standing with very friendly looking police officers.
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