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@Satanica
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.

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.
 
Not sure why the state is being sued, but I'm thinking it has to do with that Hacienda Healthcare is a non-profit.
The notice of claim filed by the family against the state seeks a $25 million settlement for the victim and $10 million for each of her parents ...
As we all know, nothing solves a problem like giving $45 million to a brain-dead woman and her parents. I especially like how the parents are splinting the money as part of the settlement, real class act.
 
Sutherland's attorney, Edward Molina, sought the latest delay due to the current coronavirus pandemic, writing in court documents that the "voluminous" jury selection process will likely subject all involved to increased risk and the increased numbers of positive inmates in Maricopa County jails, where Sutherland was being held.

Judge Stephen Hopkins granted the request and the trial has since been rescheduled to Nov. 9. This is at least the third time the trial has been delayed.
link
 
A nurse charged with sexually assaulting an incapacitated woman who later gave birth at a long-term care facility in Phoenix is asking a judge to throw out DNA evidence that authorities say ties him to the rape.

An attorney for Nathan Sutherland said in a court filing this week that the evidence should be tossed because Phoenix police officers didn’t get a warrant or have probable cause to take his client’s DNA and instead relied on a court order with a lesser standard of proof to gather the evidence.

Sutherland’s lawyer, Edwin Molina, said investigators made a misrepresentation when saying in a request for the court order that 36 male Hacienda Healthcare employees whose DNA was being sought had direct access to the victim. Molina argued police were unaware of the job duties of the 36 men or whether they had contact with the victim and said that investigators worked under the theory that “anybody and everybody could be a suspect.”

The Phoenix Police Department and Maricopa County Attorney’s Office, which is prosecuting Sutherland, declined to comment on Sutherland’s request.
The pregnancy was discovered in December 2018 when an employee at the long-term care facility was changing the garments of the then-29-year-old victim and noticed she was in the process of delivering a child. Employees told police that they had no idea the woman was pregnant.

She lived at Hacienda for 26 years, until the child’s birth. Her medical conditions stem from a brain disorder that caused motor and cognitive impairments and vision loss. She was also left with no functional use of her limbs.
Police have said Sutherland’s DNA matched a sample taken from the woman’s son. The victim’s mother is the boy’s guardian.

The surprise birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and prompted the resignations of Hacienda’s chief executive and one of the victim’s doctors.

It led to a lawsuit from the victim’s parents that alleged Sutherland had cared for their daughter on hundreds of occasions from 2012 through 2018, despite promises from the state — which contracts with companies like Hacienda to provide services to people with developmental disabilities — that only women would tend to her.
 
PHOENIX – A former nurse charged with sexually assaulting an incapacitated woman who later gave birth at a Phoenix long-term care facility has lost a bid to throw out DNA evidence that authorities say links him to the crime.

A judge on Monday rejected Nathan Sutherland’s claim that investigators made a misrepresentation when saying in a request for a court order that 36 male Hacienda Healthcare employees whose DNA was being sought had direct access to the victim. Sutherland’s lawyer argued police were unaware of the job duties of the 36 men or whether they had contact with the then-29-year-old victim.

“The victim had been in a vegetative state since the age of three," Judge Stephen Hopkins wrote. “It was a very logical deduction that one of the male employees/agents who were present at the facility would be the father.”

The judge also rejected Sutherland’s characterization that police had a casual approach to the investigation. Hopkins said there was no evidence to suggest, as Sutherland has, that a routine order to collect evidence was signed by a court official to save face politically in a high-profile investigation.

It’s unknown whether Sutherland will appeal the ruling. His attorney, Edwin Molina, didn’t immediately return a phone call and email Tuesday morning seeking comment on the decision.
[....]
Sutherland, a licensed practical nurse, has pleaded not guilty to charges of sexual assault and abuse of a vulnerable adult. He was fired by Hacienda after his arrest and has since given up his nursing license.

Police have said Sutherland’s DNA matched a sample taken from the woman’s son. The victim’s mother is the boy’s guardian.
[....]

 
PHOENIX — A judge has approved a $15 million settlement against a doctor in a lawsuit by the parents of an incapacitated woman who was sexually assaulted and later gave birth at a Phoenix long-term care center, marking the last of several deals to resolve legal claims over the rape.

The settlement made on behalf of Dr. Phillip Gear, who cared for the woman for 26 years while she lived at Hacienda Healthcare, was deemed reasonable last week by a judge. But the insurer for Gear, who died late last year, said in court papers it has no obligation to pay the amount, arguing the doctor’s policy didn’t cover claims arising from a sexual act.
[....]
The state, which contracts with companies like Hacienda to provide services to people with developmental disabilities, settled last summer for $7.5 million.

Dr. Thanh Nguyen, who cared for the woman in the months before the surprise birth, and a medical group also resolved claims against them last summer for an undisclosed amount. And Hacienda Healthcare agreed to settle for an undisclosed amount before the woman’s parents filed their lawsuit in late 2019.

In declaring the $15 million settlement reasonable, Judge Theodore Campagnolo concluded Gear’s treatment of the woman had fallen below the standard of care by failing to diagnose her pregnancy and regularly examine her.

The judge said requests by the woman’s mother to have only female employees tend to her daughter weren’t followed. Campagnolo also said evidence that the incapacitated woman was the victim of numerous sexual assaults was undisputed in the civil case.

Kevin Barrett, an attorney who previously represented Gear in a lawsuit filed against the doctor by his insurer, didn’t immediately return a call late Tuesday morning seeking comment. Gear died on Dec. 20.
[....]

 
A former nurse in Arizona pleaded guilty Thursday to two felony charges for abusing and sexually assaulting an incapacitated woman who later gave birth, according to the Maricopa County attorney.

The man, Nathan Sutherland, was arrested and charged in January 2019 after DNA evidence tied him to a child delivered by a 29-year-old incapacitated woman who was living at Hacienda Healthcare in Phoenix. She had lived at the inpatient facility since age 3 after suffering brain damage and entering a permanent vegetative state.

Jennifer Liewer, a spokesperson for the Maricopa County Attorney's Office, said Sutherland faces five to 10 years in prison for the sexual assault charge and lifetime probation for the vulnerable adult abuse charge.

Sentencing hearing is scheduled for Nov. 4.

In January 2019, police released audio of the 911 callfrom employees of Hacienda Healthcare — who had no idea the woman was pregnant — when she began to give birth in December 2018.

Within the month, police had executed a search warrant and collected DNA from some of the facility's staff members and found a match between Sutherland and the baby.

Sutherland, who was arrested in January 2019, initially pleaded not guilty to two felonies.

The state of Arizona, Hacienda Healthcare and others settled for millions of dollars in lawsuits filed by the woman's family.
https://www.nbcnews.com/news/us-new...ulting-incapacitated-woman-who-later-n1278426
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A former Arizona nurse was sentenced to 10 years in prison for sexually assaulting an incapacitated woman at a long-term care facility where she later gave birth.

Nathan Sutherland received the maximum punishment called for under his agreement to plead guilty to sexual assault. He also received lifetime probation for a conviction for abuse of a vulnerable adult stemming from his treatment of the woman.

“It’s hard to imagine a more vulnerable adult than the victim in this case,” said Superior Court Judge Margaret LaBianca, adding that Sutherland exploited his position of trust as a caregiver to sexually abuse the victim.

The pregnancy was discovered in December 2018 when an employee at the Hacienda Healthcare facility in Phoenix was changing the garments of the then-29-year-old victim and noticed the patient was in the process of delivering a child. Employees told police that they had no idea the woman was pregnant.

Police have said Sutherland’s DNA matched a sample taken from the woman’s son. The victim’s mother is the boy’s guardian.
Before the punishment was handed down, Sutherland told the judge about the problems in his life that resulted from being put up for adoption as a child. He also offered apologies to the victim and her family and said he understands the situation isn't fair to the child, either.

“To the victim, I am sorry,” Sutherland said. "You didn’t deserve to be hurt no matter what was going on in my personal life and the demons I was fighting. I had no right to put you through that.”

The surprise birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and prompted the resignations of Hacienda’s chief executive and one of the victim’s doctors.

It led to a lawsuit from the victim’s parents that alleged Sutherland had cared for their daughter on hundreds of occasions from 2012 through 2018, despite promises from the state — which contracts with companies like Hacienda to provide services to people with developmental disabilities — that only women would tend to her. An expert on behalf of her family has said many of Sutherland’s encounters with the patient occurred overnight, when fewer staff members and visitors were around.

The family’s lawyers said Hacienda missed signs that the woman was carrying a baby, pointing out that she had gained weight, had a swollen stomach and missed menstrual periods in the months before the child was born. They said the victim, who has a feeding tube and whose nutrition was reduced in response to her weight gain during the pregnancy, delivered the boy while severely dehydrated and without pain medications.

The victim lived at Hacienda for 26 years, until the child’s birth. Her medical conditions stem from a brain disorder that caused motor and cognitive impairments and vision loss. She was also left with no functional use of her limbs.

Sutherland, a licensed practical nurse, was fired by Hacienda after his arrest and has since given up his nursing license.

A judge has approved a $15 million settlement against a doctor who cared for the woman for 26 years while she lived at Hacienda Healthcare. The doctor’s insurer has argued it has no obligation to pay that amount.

The state of Arizona settled last summer for $7.5 million.
 
I caught this sentence toward the end.

A judge has approved a $15 million settlement against a doctor who cared for the woman for 26 years while she lived at Hacienda Healthcare. The doctor’s insurer has argued it has no obligation to pay that amount.

Glad his insurance isn't covering this. Most Dr.'s I know make between $500k-$800k a year depending on what they do and live pretty nice lives. Working as a Dr. for that long he probably had $5-$9million saved up for retirement. This most likely completely wiped him out.
 
I would still put at least 2 video cameras in her room so that one could not be turned off or covered without being seen by the other one. I would recommend that for every patient who is like the mother in this instance, i'm sure so many people take advantage of vegetative patients in a variety of ways, and this would stop a lot of it.
 
This was so gross. This was a decent update, I hope everyone involved gets through this the best way possible, especially the little boy and mom.
 

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