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October 3rd, 2012
04:33 PM ET
Veteran files suit over frostbitten penisA 61-year-old Army veteran is suing the U.S. government for $10 million, claiming negligent care resulted in severe frostbite on his penis, leading to its partial amputation. Michael D. Nash of Louisville, Kentucky, filed suit in federal court Monday. He is asking for damages for what his lawyer calls "significant mental and emotional distress and trauma as a result of his injuries." In October 2010, Nash underwent surgery at the VA Medical Center in Lexington, Kentucky. Doctors were removing and replacing a malfunctioning penile implant. After the surgery, according to court documents, a nurse applied ice packs to Nash's penis to reduce pain and swelling. The ice packs remained on Nash's penis for 19 straight hours, "in violation of the standard of care," according to the lawsuit.  As a result, Nash's penis was severely frostbitten, which led to gangrene. According to Nash's attorney, Larry Jones, his client was on heavy pain medicine at the time and unable to question the nurse.  Nash was discharged from the hospital even though he complained of severe pain, Jones said. Two weeks later, surgeons performed a partial penectomy, removing a significant part of Nash's penis. "When you take away a man's manhood, it affects him in ways you can't imagine," Jones said.  Nash, who served in the Army in the 1960s,  now needs a catheter and has no sexual function, he said.  Eventually, he will need reconstructive surgery. Typically, after penile implant surgery, ice would be applied to the groin area only with many layers of gauze in between, said Dr. Bruce Kava, associate professor of clinical urology at the University of Miami Miller School of Medicine. "This is unusual," he said. He said it would also be unusual that a patient would be unable to feel the ice's effects. The Department of Veterans Affairs declined comment, referring questions to the U.S. Attorney's office. The office did not immediately respond to requests for comment from CNN. To read Nash's lawsuit, click here.
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Get a behind-the-scenes look at the latest stories from CNN Chief Medical Correspondent, Dr. Sanjay Gupta, Senior Medical Correspondent Elizabeth Cohen and the CNN Medical Unit producers. They'll share news and views on health and medical trends - info that will help you take better care of yourself and the people you love. Recent Comments
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Did he get blue balls as well?
The VA is not the angel of mercy most of you are touting it is. They handed my husband a month's worth of Methadone and he died of an over dose the next day. He had a history of over medicating on prescription medication, yet they give him Methadone! Not just a little bit, mind you, but a whole freaking months worth. Yes, it was my husband decision to take more then the recommended amount, however, why would the VA give a known abuser a stronger drug? Thats like giving a drunk a bottle of booze and car keys after his 3rd DUI and hoping for the best! My husband served 16 years in the Army and was medically discharged less then a month before he died.
Im sorry for your loss. Truly. Something needs to be done about how horrible Military and VA health care is.
You can't make this stuff up. That's cold
What he had wasn't working anyway. Maybe he'll get a better one with reconstructive surgery.
What male would not want a functioning penis whether it has to be assisted with a pump or not. Catheters suck! Ever had a UTI? I plan to still be fully functioning when I die an old man. 61 is not old!!! Any veteran deserves all help available to them, I for one am grateful for their service. We live in the best country in the world (though it is far from perfect) ask any immigrant. we don't have all the facts to pass judgement on anybody. As a person who has had testicular surgery it is possible to be numb and sedated and not aware of the damage.
"The office did not immediately respond to requests for comment from CNN."
Do they have some duty or responsibility to drop everything, whenever CNN calls?
Just to be clear...it didn't work before it was partially amputated.
it may not have worked without the aid of an implant but it wasnt disfigured, and just saying ' it didnt work before" doesnt absolve or negate what happened to him, does i?
They removed "five inches" of his penis.
So, what, he has only 7 inches left, or so he claims?
My wife is so frigid, everytime I have sex with her I get frostbite.
Ba-da-boom!
At least you have sex with your wife....lol
He's not the only one.
@ B00B:
Tell your wife thank you again. And let me know if you find my watch. I forgot it last night. 😉
Tim,
Amen! Thank you for your service. May god bless our Veteran's as I believe they deserve so much more than what they get. Substandard care is a lacking term for what I have seen in some of the VA hospitals, the treatment in the bulk of these facilities is disgusting!
Yeah but the Rehuglicans would balk at the government paying top dollar for the best doctors to treat our Soldiers and Sailors.
Sybaris....your dude is out....watch the debates!!!
@sybaris it was Bush's fult right? How dumb can you be
Maybe he should have taken a little responsiblity for his own penis region. He had obviously had his procedure before and knew that was wrong. That is what is wrong with today's world, everyone is sue happy.
The VA hospitals and clinics were established to provide adequate health care. You can argue all you want about who deserves treatment however inadequate care is not excusable. Standard of medical care must be adhered to or whats the point of any health care. Any surgery is risky. The main question is: could the complications have been avoided if he was taken care of properly.
Mr. Simek,
I toally agree. After all, our veterans needs to at least be treated with respect, understanding and compassion especially when it pertains to their medical needs.
I googled images and I wish I hadn't. I'd have to question why the man needed the surgery at 61......but.......it was within his right. Am not quite understanding why a nurse would leave ice on this long, and why, unless he was unconscious from sedation would he not take it off? It would eventually start burning I'd think.
You must be very young to think a man in his 60s isn't sexually active! Hopefully you will live long enough to laugh at that yourself, later:)
Welcome to Obamacare!
Grow up. That isn't even Obamacare. That's healtcare for Veterans. And it's not even that. That's just negligence, which happens.
If you want to try to talk about repealing Obamacare, then ask yourself if the Romney voucher you will otherwise get will ever cover open heart surgery.
Or don't. Facts aren't your forte'
"Welcom to Obamacare!"
Really? Are you THAT stupid?
Meanwhile 90,000 die in hospitals every year from malpractice..................totally unrelated to the affordable healthcare act.
Welcome to Obamacare is absolutely right.
This is the future of health care in America.
The VA sucks, their health care sucks, and this is the way things are headed.
At least O-bummo crapped out in the debate last night. America still has a chance.
Considering your nametag, I can't say I'm surprised the body of your message is not only wrong but you seem proud of the fact that you don't know what your talking about.
Actually the VA provides fantastic healthcare, this was not always the case. I just went there yesterday and it's the best healthcare I've ever had in my adult life and my former employer used to brag quite often about the quality of it's healthcare package. It is generally agreed upon in medical circles that the VA does a great job. Now doctors and dentists IN the military.... not so hot.
Todd and Sybaris are still stinging from the debate.....turns out"change" isn't enough this time is it?
No sure how I could even put a price on mine.
I'd rather put a price on it, rather than ice on it.
He's 61 years old. I doubt the size of his wang is a big player in his lifestyle any more.
PHAK-u! i'M 64 AND I can still bang more quiff than you have hairs on your head, boy!....even tho' I have only 4 inches, some women like it that WIDE!
Age has absolutely NOTHING to do with sexual activity, Age also has little to do with the attraction of one person to another. A little education would do you good.
Les Too, hate to break it to you but age is a significant factor. To give you one example: creepy middle-aged guys tend to be attracted to younger women (while thinking that age difference is no big thing) while younger women tend to file harassment suits and court orders against them.
Maybe not the size, but it sure helps to have one! Lots of people in their sixties are active sexually – with other people in their sixties, such as their spouses. I remarried three years ago at the age of 66, having been widowed 6 years earlier. You can bet I was interested in being able to enjoy sexual intimacy with my new husband. Really, when do you plan to quit having sex? Such ignorance!
mistakes are made everywhere not just a the va hospitals
Suing because he has no sexual function...um...isn't that why he needed a penile implant to begin with...so....this condition was already there...
Just another way to try to get money for nothing.
Apparently you have a problem with reading comprehension. The patient "Now" has to use a catheter to drain his blader which wasn't necessary prior to the subsequent problem. Having a catheter can and will bring on a host of issues. As in constants infections, added expenses and so forth. When in a hospital setting a nurse will NOT administer anything without doctors orders that are in the patients chart. Could be the nurse forgot about the ice, or misread the orders in the chart. It's definitely negligence since all medical professions know you should never ice any tissues (on the body) for no longer than 20-30 mins. After that time has elapsed, you need to remove the ice pack for roughly 10 minutes and then repeat. Reason for this it's know that ice for long periods of time..will cause harm to cells at a molecular level and impede oxygen enriched blood flow to the body part being iced. Which over time the lack of blood flow ends up killing healthy tissue, hence leading to ganggren. Anyone who disputes what I said in the aforementioned, then I suggest you go to medical school.
Respectfully, A Gastro-Intestinal Surgeon at Vanderbilt University Hospital.
Ok so it will only be $1,999,990,000,000.00 added to the defense budget after the suite.
it's a suit genius, a tort.....not a fancy hotel room.......wow, a future politician!
Something with this story does not fit. First the ice would melt long before it caused frostbite. 2nd a penile implant is considered an elective surgery and not needed for a life & death situation. Why did he decide to have an penile implant at age 61? Although I commend this gentleman for serving our country & fighting for our freedom something with this story is missing. People who decide to sue do not think about the bigger picture. In cases such as this where you are going after the government, it is us taxpayers that will end up paying his $10 million payout if for some reason he wins.
What's missing from this story is your ability to imagine and empathize. First of all, they kept replacing the ice packs, apparently without the requisite time in between. And why would a man have an implant at age 61 – perhaps because he was using it. 61 is not old and it is way too young to give up sex if you don't have to. Could be a married guy, like my sweet sexy 68 year old husband. Even if he gets to the time when he can't use it, I'm pretty sure he won't want it cut off. The hospital was negligent and they owe him a fix! Really doesn't matter if he is a veteran or just a human being.
Believe it or not, lust doesn't die after your thirties. Neither does your zest for living.
you would be surprised at what tax payer's money is being wasted on in VAs......
trannies (male/female) getting GYN appointments? how is wanting to be a girl all your life (so you say.....) have anything to do with service to your country and a service connection disability?
Same type of thing happened to my dad....VA amputated his manhood instead of a simple procedure. He sued and won....they're not very effective MD's at the VA. I'm a 10+ year Army vet and WILL NOT there unless I wanna lose something I didn't bargain for.
how much did your dad get.
$100,000,000.00 sounds more reasonable.
DEAL WITH IT. There are people with far worse issues than you. Having sex in your 60's should be illegal anyway. You are an OLD MAN so start acting like one. A Peter DOES NOT= your manhood. Go lift some heavy furniture then maybe you can feel like a man again.
Just because yours doesn't work doesn't mean that everyone is in your situation. You also sound like a Republican...mean and cold.
You want a 60 year old to start acting like an old man? The day you turn 60, go retire and sit on the court house steps every day taking about the home run you hit in Little League. Or keep working, play some pickup basketball and live like you are young...because you will still be young. I am in my early 60's and can still do most of what I did when 40. I can't retire because I never hit a home run in Little League.
"You want a 60 year old to start acting like an old man? The day you turn 60, go retire and sit on the court house steps every day taking about the home run you hit in Little League. Or keep working, play some pickup basketball and live like you are young...because you will still be young. I am in my early 60's and can still do most of what I did when 40. I can't retire because I never hit a home run in Little League."
you clearly forgot to read the manual on how to properly troll this blog. Go get some TP for your mouth and make sure its nice and clean, then try again.
"Remember when you used to watch it? How old were you? People that same age now watch it. If I was 8, I would be watching Sponge Bob Square Pants. If someone enjoys the show, let them be. Go watch your M*A*S*H DVDs (like I do) and let others be. "
Just in case you wanted to explain us in detail what kind of an a.h. you are, let me tell you: you are very successful in doing that – so far. However, I'd bet that you have not more to say – just in different words maybe.
You can find me here.
http://www.huffingtonpost.com/social/Michael5555?action=comments
DEAL WITH IT. There are people with far worse issues than you. Having sex in your 60's should be illegal anyway. You are an OLD MAN so start acting like one. A Peter DOES NOT= your manhood. Go lift some heavy furniture then maybe you can feel like a man again.!!
I guess he'll be charged with 'Assault with a Dead Weapon.'
"When you take away a man's manhood, it affects him in ways you can't imagine" Go cry me a river. Men think that it's the end of the world while thousands of women undergo mastectomy, hysterectomy and what? They live with it. Anyway, a 60 year old does not use his member for much, let's face it. I'm disgusted.
61 is not an "old man". Sex does NOT end at a certain age. I would guess that you are still a pre-adult which is the ONLY age where dallying under the sheets is totally inappropriate. After age 18 adults are adults and age becomes meaningless. on every level. There is a 30 yr. difference between my sister and her husband. They are very happy and kead fukk adult lives in and iut of the bedroom. Your viewpoint is based on ignorance.
I am 69 and my husband uses his "wing-wang" or whatever you called it plenty. You obviously do not have a clue! My parents were sexually active into their 80's (ie this is NOT uncommon). Bet you wouldn't be so pleased if you went in for a mastectomy and they removed the wrong breast. Or would you "just live with it." ?
Malpratice and sub standard care, Sounds like ROMNEY care
Perhaps if he hadnt gotten a penal implant in the first place he wouldnt have had this problem!!!
He should have been happy with what he had, LOL
Mike, you are a puke. Maybe if he was on Medicaid, which I bill plenty of, but a Vet deserves all the benefits he can get! Get a life
well its not all that bad for him. If he cant dick it he can still lick it
Gangrene Penis. What a great band name!
Would not give ya 10 million for mine.
I want to know where they got ice that didnt melt for 19 hours?
That was my thoughts exactly! Doesn't make any sense at all!!!
Read again ... article says ice packs ... as in, more than one ... that means nurse applied one ice pack and then another and then another, etc for 19 straight hours.
yes, Larry is a lady's first choice.......................NOT, get a manual before you comment idiot
I'm not saying this didn't happen, but am I the only one wondering what kind of ice stays frozen for 19 hours?????
Read again ... it says ice packs ... as in more than one. Nurse applied an ice pack, then another, and anothe, etc ... for 19 straight hours.
Really? I mean really? You use your VA Care for removing and replacing a malfunctioning penile implant. Tax dollars.
Hopefully, since his penis isn't working the blood flow will go back to his brain. According to the GOP, if God wanted you to have an erection he would give you one.
If this veteran lost use of his tool during enemy action, I'm all for the the VA replacing his implant. But where was the original surgery done and why? And if this surgery was elective for ED and at the tax payers expense, there is something wrong with the system. And how do you break a penile implant? I believe all vets should have the best medical treatment available ....but elective surgery for ED at the tax payers expense Jeez. Take viagra!
People cant understand till they experience military "healhcare" why its free...
Is it wrong that my sympathy for this man was halved when I got to the part where this involved a penile implant?
No. We thought less of you before you even posted.
What kind of ice pack remains cold enough to cause frostbite for 19 hours? Also, even on 12 hour shifts, there should have been at least 2 nurses responsible for a 19 hour time span. Nobody observed the surgery site to look for signs of infection? I feel the hospital certainly has some responsibility, but how could he not notice? Fostbite is a very different sensation than pain relief. Did he think his pain meds were doing that great of a job? After 5 minutes he should have been moving the ice pack. Take it off for 5 mins, put it back for 5 minutes.
I believe it's more likely, that he had nerve damage/neuropathy prior to the surgey. Probably, a large contributing factor to needing a replacement. Or, the 2nd surgery caused some nerve damage. Otherwise, he would have felt something.
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