Family of Incapacitated Native Woman Who Gave Birth Intends to Sue State of Arizona for $45 Million

Published May 24, 2019

Notice of Claim document indicates she was impregnated more than once

PHOENIX — The lawyer representing the family of a San Carlos Apache incapacitated woman who was raped which resulted in the birth of a baby boy on Decemeber 29, 2018 has filed a notice of claim with the State of Arizona for failure to properly monitor the Hacienda HealthCare in Phoenix.

The family will settle for $45 million according to the court documents.

The 30-year-old woman has been confined to a extended care facility since suffering a near-drowning accident when she was only 3-years-old. According to medical records, the woman suffers from severe intellectual disabilities, is nonverbal, does not make eye contact and has no functional use of her arms or legs.

The 56-page Notice of Claim reveals that the woman suffered from multiple sexual assaults and indicates she impregnated prior to the last pregnacny that resultied in the birth of the baby boy last December.

RELATED:  Woman in Coma Who Gave Birth to Baby Boy is a Tribal Citizen of San Carlos Apache Tribe

RELATED:  San Carlos Apache Woman has been in Care Since Age 3 – Almost Double the Time First Reported

RELATED:  Nurse Arrested in Rape of Native Woman in Vegetative State Who Gave Birth

Nathan Sutherland was arrested on January 22, 2019 on rape charges.

Court documents state there were at least 83 opportunities that the facility’s employees failed to diagnose that the woman was pregnant, which 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.

After performing DNA tests on Hacienda HealthCare in Phoenix employees, Phoenix Police arrested Nathan Sutherland, a 36-year-old licensed practical nurse, on January 22, 2019 after his DNA matched the baby boy’s DNA.

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  1. val Hale 5 months ago
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