The family of the incapacitated woman who was raped and gave birth while in an Arizona long-term care facility last year claim she was pregnant at least once before in new court filings alleging “gross negligence”.
The new filings come as licensed practical nurse Nathan Sutherland, 36, has been charged with sexual assault and vulnerable adult abuse. He has pleaded not guilty.
But documents filed as a part of a settlement procedure with the state licensed facility, Hacienda Healthcare, and the state of Arizona say that the now-29-year-old woman was “violated repeatedly”, and was likely the victim of a “repeat parous event” — meaning, she was pregnant before, but it is unclear if she carried that child to term if she were.
According to those claims, the alleged repeated violations and potential previous pregnancy were discovered after the woman was taken in for an exam by the Maricopa County Medical Center in December, shortly after she gave birth.
The woman has been incapacitated since she was a child, but has a minimal ability to move some of her extremities and to make facial expressions.
The court filings indicate that the family had previously asked for more protection for the woman, including a requirement that only female staff be allowed to take care of her.
But, while Hacienda assured the family that was the plan, male staff were still allowed to care for the woman without the presence of others in the room, according to the new filings.
Attempts to contact the Arizona attorney general’s office and Hacienda Healthcare were not returned.
The family has accused the state of being “vicariously liable for the negligence, gross negligence, and medical negligence” of the young woman.
They also claim that there were at least 83 opportunities for healthcare workers at the facility to diagnose the woman’s pregnancy.
