CBS/AP/ October 2, 2012, 2:13 PM

Army vet sues gov't for $10M over frostbitten penis

Louisville, Ky. A U.S. Army veteran is suing the government for $10 million, alleging a nurse at a veteran's hospital 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 sued the federal government in U.S. District Court in Kentucky on Tuesday for what he calls medical malpractice.

Nash, 61, went to the Veterans Administration hospital in Lexington in 2010 for a penile implant and circumcision. His attorneys said a nurse packed his groin in ice for 19 hours afterward, and 5 inches (127 millimeters) of his penis later had to be amputated.

"It basically caused frostbite on his penis, which eventually caused gangrene," attorney Larry 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."

Jones said Nash will require reconstructive surgery that will allow him to urinate.

A message left for the Veterans Administration was not immediately returned.

The Department of Veterans Affairs in July rejected a civil claim from Nash.

"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, a regional counsel for the VA.

Last year, another Kentucky man, 64-year-old George Seaton, sued his physician for $16 million after having his penis amputated following a trip to the the doctor for a circumcision to relieve inflammation. A jury eventually sided with his surgeon who said he decided to amputate after seeing cancer.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
9 Comments Add a Comment
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JeffHinCA says:
It is absolutely amazing to see servicemen voting away their rights to health care as veterans. If I didn't see it I wouldn't believe it.

I realize that military training teaches a person to submit to authority without question but I did not believe they taught people to give away the store and all the trimmings, till now.

Hey dontforget911, Jaylah54200 and makemyday2day, you go ahead and whine about how we're wasting money paying for a man's lost *****. Go ahead and yell about how "the VA should ONLY be responsible to keep you healthy and/or provide care from anything you suffer from as a result of your SERVICE".

Maybe when it's your time and you're lying there in a hospital bed with whatever hit you and you're wondering why your care is being denied, some ignoramus will tell you that the VA is only responsible to keep your heart beating but your brain is optional. Shouldn't matter much in your case, because you left yours behind somewhere, maybe in a bottle of beer in some USO canteen.

As for me and my disabled veteran wife, we WILL take advantage of everything Uncle Sam promised her when she signed up, because Uncle Sam neglected to tell her that she was being exposed to ionizing radiation, so we don't exactly KNOW what she is going to need in the coming years. She already has multiple sclerosis and a son with five major heart defects that mimic the poor kids in Chernobyl.

Meantime, you just keep your nose out of everyone else's business and try to figure out why a veterans health care program needs to be all encompassing and the best it can be.

I'll give you a hint. Next time we NEED young men and women, they might question whether or not they're gonna get a raw deal after they get out.
Me, I don't want to be an Indian giver; if they're gonna sacrifice for my safety, I'll gladly pay the freight for their care when they return.
I'll pay for whatever they damn well want because I want them to be happy.
They damn well earned it.

And I want their kids to know we as a country really DID care.
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TommyPSC says:
We will soon be launching the Project Stem Cell website to collect donations in order to fund stem cells research. Not any kind of research, though; Project Stem Cell wants to focus on SEX! That's right, sex. We want to find solutions for people who have sexual and reproductive 'deficiencies' including that of people who have suffered trauma to their genitals. Please give us one of your spare 'likes' and help us build a network.
https://www.facebook.com/pages/Project-Stem-Cell/336467689783491
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cadejd says:
Vet could have had an injury that required an implant to 'pump it up' - such as diabetes or spinal injury. The guy deserved a chance for function if a service connected injury caused him to lose function. The procedure was approved by the VA for some reason.
What is too bad is that they hosed him over and then denied it. Bad VA care here - the policy is coverup.
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ml66uk2 says:
If they really "packed his groin in ice for 19 hours", they deserve to be sued.
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dontforget911 says:
What a waste of taxpayers' money. This dude deserves what he got.
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Jaylah54200 says:
Why is the VA paying for penile implants? Or circumcisions? Both of which are highly elective surgeries.

As a US veteran myself, receiving health care from VA hospitals, I'm grateful for the care I receive in exchange for having served my country.

But, ya know, I'm getting to the age where I'd really love to have an eye-lift. Once I reach age 65, Medicare will pay for a good part of that (if I choose to have it done) because it does affect my field-of-vision. And -- of course -- it wouldn't hurt from a cosmetic standpoint either. But I don't expect the VA to pay for something that I don't actually NEED.

Yes, I can understand breast reconstruction for veterans (male and female) who have had surgery for breast cancer. Particularly in females, having one removed without reconstruction often causes stress on your spine. (You're out of balance.)

I can even understand a testicular implant for a male who has had to have one (or both) removed due to testicular cancer.

But a penile implant???

He wanted to be a stud, it didn't turn out the way he wanted, so now he's getting reconstructive surgery (at no cost to him) PLUS he's suing for $10M?
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smoke62 replies:
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Hey Jay, I too am a veteran. When I went in they promised me free medical care for the rest of my life. They did not say what kind or how much. Leave the dude alone. He is trying to change and make himself better. I think they should pay for anything and everything. It is what they promised after all.
makemyday2day replies:
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smoke62 - You said, "When I went in they promised me free medical care for the rest of my life. They did not say what kind or how much." When you enlist in the military, they promise you the world to get you to sign the dotted line! YOU made the mistake if you ASSUMED they're responsible to give you "anything and everything" if you didn't ask questions BEFOREhand. The VA should ONLY be responsible to keep you healthy and/or provide care from anything you suffer from as a result of your SERVICE. I don't see where a "penile implant" has to do with either. Jaylah54200 is correct on this one!
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goffredo29 says:
CBS even amputates the word in its comments section. What's fair here is that the doctor should have to give the victim his. And, the nurse...
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