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

(City of Peoria Photo)...
Audrey Jensen/Phoenix Business Journal

Peoria approves tax incentive agreement with mixed-use project developer

Peoria moved forward with what could be the final development agreement needed for a new mixed-use office project called Stadium Point.
9 hours ago
Follow @KTAR923...
KTAR.com

Downtown Chandler hosts life-sized holiday treats display ‘Sugarland’

Downtown Chandler kicked off the holiday season with an interactive Christmas display filled with life-sized treats on Saturday.
9 hours ago
(Facebook Photo/Phoenix Police Department)...
KTAR.com

Police arrest suspect in stabbing death of 33-year-old man in Phoenix

Police arrested and charged a man with murder in the stabbing death of a 33-year-old man in Phoenix late Saturday, authorities said.
1 day ago
(Facebook File Photo/Phoenix Police Department)...
KTAR.com

Man taken to hospital by family after being shot in Phoenix dies

A 33-year-old man who was taken to a hospital by family members Friday night after being shot in Phoenix has died.
1 day ago
(Facebook Photo/Phoenix Police Department)...
KTAR.com

Police seek public’s help in shooting death of man in Phoenix

Police are asking the public for information in the shooting death of a 30-year-old man in the parking lot of a business in Phoenix.
1 day ago
(Metro-Phoenix Public Affairs Council Photo)...
KTAR.com

Christmas lights return to Latter-day Saints temple in Mesa after 5-year hiatus

Christmas lights have returned to the Latter-day Saints temple in Mesa this season after more than five years since they were last showcased.
1 day ago

Sponsored Articles

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

Prep the plumbing in your home just in time for the holidays

With the holidays approaching, it's important to know when your home is in need of heating and plumbing updates before more guests start to come around.
...
Quantum Fiber

How high-speed fiber internet can improve everyday life

Quantum Fiber supplies unlimited data with speeds up to 940 mbps, enough to share 4K videos with coworkers 20 times faster than a cable.
...
Children’s Cancer Network

Children’s Cancer Network celebrates cancer-fighting superheroes, raises funds during September’s Childhood Cancer Awareness Month

Jace Hyduchak was like most other kids in his kindergarten class: He loved to play basketball, dress up like his favorite superheroes and jump as high as his pint-sized body would take him on his backyard trampoline.
Hacienda patient who had baby after rape sues state of Arizona, doctors