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The notice of claim says the victim's family would settle all the claims with the state for $45 million.
The incapacitated woman who police said was raped and gave birth at a long-term care facility in Phoenix was pregnant before, and workers missed vital warning signs, according to notice of claim against the State of Arizona.
The claim states that the Maricopa County Medical Center took an exam of the woman after she gave birth in late December. Officials said it appeared that the 29-year-old victim woman had been "violated repeatedly" and her giving birth was likely a "repeat parous event," meaning she may have been pregnant before that.
The victim has be in an incapacitated state since she was a child.
The documents say the victim's mother requested years ago that the victim only be cared for by female staff members. That didn't happen, even though they said it was written into her individualized service plan or "ISP."
Authorities say Nathan Sutherland was a nurse at Hacienda HealthCare and raped her. He was arrested in late January and faces sexual assault charges.
An inside source says in 2018 alone, at least one other male nurse was caring for her too, in addition to Sutherland.
Investigators say Sutherland's DNA matched a sample from the woman's newborn, though Sutherland's attorney says there's no direct evidence linking Sutherland to the rape.
The victim gave birth to a healthy baby boy in late December.
Hacienda HealthCare rape victim 'likely' pregnant before, notice of claim says
New court documents say the incapacitated woman who was raped and later gave birth in a Phoenix facility may have been pregnant before.
www.azfamily.com
The notice of claim states there were at least 83 opportunities that Hacienda HealthCare workers missed in diagnosing that the woman was pregnant. They include:
• Missed menstrual periods in months prior to delivery
• Staff noticing a "large and hard mass" in her abdomen three times
• Her abdomen was seen sticking out during 24 checks
• Staff noted her legs and feet were swollen 12 times between Dec. 12, 2018, and Dec. 29, 2018
Documents say staff documented signs or symptoms of pregnancy 73 times during her third trimester.
The report specifically highlights a paper trail of Dr. Thanh Nguyen's notes on the case.
The documents show Dr. Nguyen repeatedly noted a mass in her stomach, but prescribed her medication for weight loss and constipation.
But our source, who is very familiar with the victim's care routine, said gaining weight should have been an alert to something very wrong and unusual.
"Her diet was absolutely fixed. She was tube fed, she got the same amount of calories everyday," she said.
Then on December 28th, Dr. Nugyen noted it could be diverticulitis and that's when he ordered an ultrasound.
That was the day before she gave birth. The ultrasound was never done.
Hacienda HealthCare rape victim 'likely' pregnant before, notice of claim says
New court documents say the incapacitated woman who was raped and later gave birth in a Phoenix facility may have been pregnant before.
www.azfamily.com