LOUISVILLE, Ky. (AP) — An Army veteran is seeking $10 million from the federal government, accusing a Veterans Administration nurse of repeatedly put ice packs on his penis after surgery, causing frostbite and gangrene and ultimately leading to the organ's partial amputation.
Michael D. Nash of Louisville filed suit Tuesday in U.S. District Court in Louisville for what he calls medical malpractice.
Nash, who served in the Army in 1968 and 1969, went to the VA hospital in Lexington for medically necessary surgery on his penis. Nash's attorney, Larry Jones of Jones Ward law firm in Louisville, said that after the procedure a nurse packed Nash's groin in ice for 19 hours.
"It basically caused frostbite on his penis, which eventually caused gangrene," Jones said. "In addition to robbing someone of their manhood, they've robbed him of the simple ability to urinate just like every other person who lives in this world."
A message left for the Veterans Administration was not immediately returned Tuesday morning.
Nash, 61, entered the VA hospital on Oct. 28, 2010, to have a penile implant and circumcision. A nurse applied ice packs to Nash's groin to reduce pain and swelling. The problem arose when the medical staff allowed the ice packs to remain in place for about 19 hours.
Jones described it as "non-stop ice replacement."
"Any doctor who is monitoring the care of their patient is not going to allow someone to have constant treatment with ice … for more than 2-3 hours," Jones said.
Gangrene set it in within a few weeks, causing doctors to remove a five-inch section of Nash's penis — a procedure for which he continues to receive medical care, Jones said. Nash will need reconstructive surgery that will allow him to urinate, Jones said.
"It's about the most blatant medical malpractice error one could make," Jones said. "It's a senseless tragedy that should never have happened."
Nash initially pursued compensation under the Federal Tort Claims Act — a civil procedure which requires a person to file a claim with the government and prevents them from suing until the claim is resolved.
The Department of Veterans Affairs reviewed the claim and rejected it in July.
"It is our opinion that there was no negligence on the part of the Department of Veterans Affairs or any of its employees in connection with the claimed loss; therefore your claim is denied," wrote Melinda Frick, Indianapolis-based regional counsel for the VA.
Jones said the extent of Nash's injuries are what prompted the lawsuit.
"If this was someone who had a little frostbite and a little burning for a couple of days, there would be no suit," Jones said. "I would not wish this on my worst enemy."
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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