Claim seeks $45 million for family of incapacitated woman who gave birth

Claim seeks $45 million for family of incapacitated woman who gave birth
© AZ Family

The family of a woman who was raped and gave birth while incapacitated at a Phoenix healthcare facility filed a notice of a $45 million claim against the state, The Arizona Republic reported.

The notice signals the family of the 30-year-old woman may sue the state of Arizona.

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In the claim, the family says the state did an “abysmal job” monitoring Hacienda HealthCare, the long-term care facility that housed the woman when she gave birth. Hacienda’s patient care is funded through the state’s Medicaid program, according to the newspaper.

It also alleges the woman, who has severe intellectual disabilities, was “violently and repeatedly raped” before she gave birth in December — and that she may have been impregnated before, The Associated Press reported.

The claim seeks a $25 million settlement for the woman and $10 million for each of her parents within 60 days — otherwise, the lawyers will take the case to court, the AP reports.

One of the woman’s caregivers, 29-year-old former licensed practical nurse Nathan Sutherland, was arrested and charged with sexual assault after police said his DNA matched a sample from the woman’s baby. He has pleaded not guilty.

After coming under scrutiny Hacienda initially announced it would be closing. The facility later agreed to state oversight to stay open.