 |
| Click to Watch Video |
Her
lawyers filed a $45 million notice of claim to Arizona on Wednesday
with allegations against the state along with Hacienda HealthCare, where the woman had lived since 1992.
She delivered a boy at the facility in late December, shocking her caregivers, who said they had no idea she was pregnant. She has since left the facility in Phoenix.
Authorities
obtained DNA samples from male staff members and arrested licensed
practical nurse Nathan Sutherland, 36, who was caring for the woman. He
was charged with sexual assault and vulnerable adult abuse, and has pleaded not guilty.
New allegations revealed
In the notice of claim filed before litigation for settlement discussion, the family made a series of allegations against the state and the health care facility where the now 29-year-old woman lived.
The
Maricopa County Medical Center examined the woman after she gave birth
and concluded she'd been "violated repeatedly," the documents allege.
Her giving birth was likely a "repeat parous event," which means she may
have been pregnant before, the documents say.
From the claim, it's unclear whether she carried the previous pregnancy her family believes she had to term.
It
said the woman suffered multiple sexual assaults that caused her
permanent physical and emotional pain, and caused her parents
significant emotional distress.
The
woman has intellectual disabilities as a result of childhood seizures,
and is bedridden and nonverbal. But she can move some of her
extremities, respond to sound and make facial gestures, according to her
family.
Her parents had
previously requested that she be cared for by female employees and was
assured that would happen, but it did not, the documents allege.
Instead, unsupervised male caretakers, including the suspect, were
allowed to go into her room, the documents say.
The
documents accuse the state of being "vicariously liable for the
negligence, gross negligence and medical negligence" at Hacienda.
911 call: We had no idea patient was pregnant 02:30
The
documents also say there are claims of negligence, gross negligence and
"negligence per se" in addition to the vicarious liability. The first
two claims arise from the state's "placement of the victim "at Hacienda
and subsequent failure to exercise reasonable oversight" regarding her
care, the documents allege.
"The
unspeakable atrocities ... occurred as a result of systemic and
individual misconduct and mismanagement at the Hacienda (facility) and
virtually nonexistent oversight on the part of the state," the documents
allege.
CNN has reached out to
the Arizona Attorney General's office for comment, but has not received a
response. CNN is also reaching out to Hacienda HealthCare for comment
on the documents.
A spokesman for
Arizona Gov. Doug Ducey said his office is reviewing the notice of
claim. "The details in this matter continue to be extremely disturbing
-- since day one, the governor has been clear that those responsible for
this crime need to be held accountable to the fullest extent of the
law," Patrick Ptak said.
After the
sexual assault allegations were revealed this year, the facility said
it was making changes to ensure the safety of its patients.
Among
the improvements at the facility are "enhanced security," new security
cameras and officers, and retraining for staff members on abuse and
neglect protocols.
"Our patients,
their families, our team members and the community deserve nothing less
than this commitment from us," Hacienda HealthCare said.
Woman allegedly showed signs of pregnancy
Before the patient delivered her baby, there were 83 missed opportunities to diagnose the pregnancy, according to the documents.
"Over
the past couple of days to weeks, the staff had noticed increased
abdominal distention, and firmness," the documents allege.
The
day she gave birth, she was "undergoing a workup for possible GI
illnesses such as diverticulitis," according to the documents.
"The
nurse on staff had noticed the patient no longer had abdominal
distention or tenderness. An hour later, she returned to the room and
lifted the sheets, and found that the baby's head had delivered," the
documents say.
Her
caretakers failed to detect her pregnancy despite signs such as missed
periods, a "mass" in her abdomen, growing weight and swollen legs. As a
result, she went through her pregnancy without any proper care and in a
state of malnutrition, the documents allege.
The
claim seeks a $25 million settlement for the victim and $10 million for
each of her parents within two months or the lawyers will take the case
to court.
Full Article & Source:
A disabled woman who gave birth at a Phoenix care facility was likely pregnant before, documents allege
See Also:
Ex-Nurse Accused of Raping, Impregnating Incapacitated Woman in Phoenix Appeals STD Testing Order
Judge orders former Hacienda nurse accused of raping patient to take HIV test pending appeal
Arizona care unit where incapacitated woman gave birth to stay open
Hacienda HealthCare to cease operation at South Phoenix facility
Arizona governor calls for stronger protections after incapacitated woman’s pregnancy
Ex-nurse accused of impregnating a severely disabled Arizona woman pleads not guilty
Lawyer: No proof nurse raped Arizona patient who had baby
Nurse arrested in rape of woman in vegetative state who gave birth at care facility
Center where comatose woman had baby faced criminal probe
Lawyer: Incapacitated woman who gave birth not in coma
Patient alleges abuse at Hacienda Healthcare, two staff members placed on leave
Facility CEO resigns after woman in vegetative state gives birth; new allegations emerge
Patient in vegetative state gives birth, sex abuse investigation underway: report
See Also:
Ex-Nurse Accused of Raping, Impregnating Incapacitated Woman in Phoenix Appeals STD Testing Order
Judge orders former Hacienda nurse accused of raping patient to take HIV test pending appeal
Arizona care unit where incapacitated woman gave birth to stay open
Hacienda HealthCare to cease operation at South Phoenix facility
Arizona governor calls for stronger protections after incapacitated woman’s pregnancy
Ex-nurse accused of impregnating a severely disabled Arizona woman pleads not guilty
Lawyer: No proof nurse raped Arizona patient who had baby
Nurse arrested in rape of woman in vegetative state who gave birth at care facility
Center where comatose woman had baby faced criminal probe
Lawyer: Incapacitated woman who gave birth not in coma
Patient alleges abuse at Hacienda Healthcare, two staff members placed on leave
Facility CEO resigns after woman in vegetative state gives birth; new allegations emerge
Patient in vegetative state gives birth, sex abuse investigation underway: report
No comments:
Post a Comment