ARIZONA NEWS

Hacienda patient who had baby after rape sues state of Arizona, doctors

Jan 2, 2020, 3:18 PM | Updated: 3:29 pm

PHOENIX – The family of the incapacitated woman who gave birth after being raped at a Phoenix health care facility is suing the state of Arizona and her former doctors.

The 30-year-old woman, whose baby was delivered just over a year ago, and her parents are listed as plaintiffs in the lawsuit filed Dec. 24 in Maricopa County Superior Court.

No dollar amount is listed in the lawsuit, which seeks compensation for injuries and damages as well as medical and court costs and other losses.

Dr. Phillip Gear Jr., Dr. Thanh Diep Nguyen and their wives are named as defendants along with the state. Just 4 Kids Pediatrics, which is Gear’s office, and Internal Medicine Consultants, where Nguyen worked, also were named as defendants.

The baby boy was born at the Hacienda HealthCare Intermediate Care Facility for the Intellectually Disabled, which receives state funding, on Dec. 29, 2018. Staff did not know she was pregnant until the woman went into labor.

Gear was the woman’s primary care physician from 1992, when she entered the facility at 3 years old, until September 2018, when Nguyen became her primary doctor, according to the lawsuit.

Both doctors are accused of failing to ensure that the victim was cared for only by female staffers. Nguyen is accused of failing to diagnose the pregnancy.

The lawsuit accuses the state of negligence, negligence per se and gross negligence. The doctors and their offices are accused of medical negligence.

The plaintiffs say the state was responsible for protecting the victim and was negligent in monitoring Hacienda HealthCare, and the doctors failed to provide appropriate health care.

Gear has since agreed to give up his medical license. In October, the Arizona Medical Board narrowly approved the dismissal of a complaint against Nguyen.

The victim was believed to have been sexually assaulted, along with four other disabled residents, in 2002, according to the lawsuit. After that she was only supposed to be cared for by female staffers or males accompanied by females.

However, unaccompanied men, including Nathan Sutherland, were assigned to take care of her without her parents’ knowledge, the suit says.

Sutherland, a nurse at the facility, was arrested in January, when investigators said his DNA matched the baby’s.

He has pleaded not guilty to charges of sexual abuse and abuse of a vulnerable adult, and his trial is scheduled to start Feb. 25.

Lifetime Windows & Doors

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

(Pixabay Photo)...
KTAR.com

Police investigating officer-involved shooting in Phoenix

Phoenix police are investigating an officer-involved shooting after an incident happened Saturday evening, authorities said.
1 day ago
Arizona Secretary of State Latie Hobbs, left, the Democratic nominee for governor, and Kris Mayes, ...
Associated Press

GOP quiet as Arizona Democrats condemn abortion ruling

PHOENIX (AP) — Arizona Democrats vowed Saturday to fight for women’s rights after a court reinstated a law first enacted during the Civil War that bans abortion in nearly all circumstances, looking to capitalize on an issue they hope will have a major impact on the midterm elections. Republican candidates were silent a day after […]
1 day ago
(Pexels Photo)...
KTAR.com

Gilbert Oktoberfest set for Oct. 15 at Gilbert Regional Park

An oompah band will welcome visitors to Gilbert Regional Park for this year's Gilbert Oktoberfest on Saturday, Oct. 15.
1 day ago
Pamphlets are seen on the counter at the Planned Parenthood Central Phoenix Health Center in Phoeni...
KTAR.com

Planned Parenthood launches $1.5M electoral campaign in Arizona

Planned Parenthood Votes launched a $1.5 million statewide electoral program in Arizona for the upcoming midterms.
1 day ago
(Arizona Department of Transportation)...
KTAR.com

Sunset Point Rest Area north of Phoenix on I-17 to close for renovations

The next phase of the Sunset Point Rest Area renovation starts Wednesday, when the facility will be closed to most vehicles until next year.
1 day ago
(Pipistrel Aircraft Photo)...
KTAR.com

Mesa Airlines invests in planes for pilot development program

Mesa Airlines announced Thursday an investment of 29 planes for its pilot development program aimed at shrinking the shortage gap.
1 day ago

Sponsored Articles

...
Day & Night Air Conditioning, Heating and Plumbing

Here are 4 signs the HVAC unit needs to be replaced

Pool renovations and kitchen upgrades may seem enticing, but at the forefront of these investments arguably should be what residents use the most. In a state where summertime is sweltering, access to a functioning HVAC unit can be critical.
...
Dr. Richard Carmona

Great news: Children under 5 can now get COVID-19 vaccine

After more than two years of battle with an invisible killer, we can now vaccinate the youngest among us against COVID-19. This is great news.
...
Carla Berg, MHS, Deputy Director, Public Health Services, Arizona Department of Health Services

Vaccines are safe if you are pregnant or breastfeeding

Are you pregnant? Do you have a friend or loved one who’s expecting?
Hacienda patient who had baby after rape sues state of Arizona, doctors