$45M Claim Filed For Incapacitated Patient Who Gave Birth

PHOENIX, AZ — The family of an incapacitated woman who was raped and later gave birth at a long-term care facility is suing for $45 million, with additional allegations that their daughter had been impregnated before.

Attorneys for the family, who filed the notice of claim against the state, claim the woman was raped repeatedly before giving birth last December, the Associated Press reports.

The man accused in that rape, 37-year-old Nathan Sutherland, was a licensed practical nurse at Hacienda Healthcare before he was arrested on the charges back in January. The 29-year-old victim, who's been in care since she was 3 years old after a near-drowning, gave birth to a boy in December. Staff at Hacienda Healthcare said they had no idea she was pregnant.

Investigators matched Sutherland's DNA to the baby boy.

Gov. Doug Ducey's office told the Associated Press Wednesday night that it had received the 55-page notice of claim and would be reviewing it. The Arizona Department of Health Services said it doesn’t comment on pending or ongoing litigation.

In the filing, 12 News found the mother had specifically requested "female-only staff" because she was worried about something happening. Sutherland was documented providing care for the victim more than 1,000 times, including more than 800 times overnight, between the hours of 7:00 p.m. and 7:00 a.m.

In total, according the claim, Hacienda documented at least 83 missed opportunities to diagnose the victim's pregnancy.

The claim seeks a $25 million settlement for the victim and $10 million for each of her parents within 60 days or the lawyers will take the case to court.

Sutherland, 37, has pleaded not guilty to charges of sexual abuse and abuse of a vulnerable adult. Hacienda fired Sutherland after his arrest. He has since given up his nursing license.

Back in March, 10 managers the Hacienda Healthcare, including its CEO, resigned. The facility remains open.