Opera singer files lawsuit claiming botched operation caused career-ending flatulence

An opera singer and her husband have filed a lawsuit against the United States of America in Federal Court claiming that an episiotomy that was performed during childbirth without her consent has caused her career-threatening flatulence and incontinence.

Amy Herbst and her husband, Army Staff Sgt. James Herbst, say that a nurse-midwife, Tiffany Williams, at the Blanchfield Army Community Hospital (BACH) in Fort Campbell, Ky., caused severe injuries during the delivery of the opera singer’s first child.

"Her first stage of labor lasted 3 hours and 30 minutes. Her second stage lasted 50 minutes. Certified Nurse-Midwife (CNM) Tiffany Williams reported, in plaintiff Amy Herbst's medical record for the admission at BACH, that she performed a midline episiotomy. Thereafter, a male infant was delivered. He weighed 7 lb. 11 oz. and had Apgar scores of 8 and 9 at one and five minutes respectively," according to the complaint.

"At no time during the labor and delivery process was plaintiff Amy Herbst informed about the possible need for or the risks and benefits of an episiotomy. At no time was she asked to consent, nor did she consent, to the performance of an episiotomy. Further, no physician was called to assess or repair and no physician assessed or repaired the episiotomy."

Following her release from the hospital, Herbst allegedly "began to experience fecal urgency and incontinence, including periodic leaking of stool and excessive flatulence."

After being examined, she was told she "had suffered a 'complete breakdown of the episiotomy and perineum and the external sphincter is disrupted and the vagina and rectum are basically connected without any perineal body.'" To repair the damage, Herbst was told she would have to undergo reconstructive surgery.

The Herbsts seek $2.5 million in damages for medical malpractice and loss of consortium.

"Plaintiff Amy Herbst was also advised that once the repair was performed all future pregnancies would require delivery by Cesarean section. When the plaintiff expressed her concern regarding the risk to her singing career posed by Cesarean section, health care providers 'encouraged her to consider potentially delaying the procedure until she (had) completed all of her reproduction.' Accordingly, plaintiff Amy Herbst elected to postpone the repair of her perineum and anal sphincter,” the complaint reads. “As a result of her incontinence and excessive flatulence, plaintiff Amy Herbst has been unable to work as a professional opera singer."

[Courthouse News Service]