[ad_1]
Phoenix — A judge has approved a $15 million settlement against a doctor in a lawsuit by the parents of a helpless woman who was sexually assaulted and later gave birth in a long-term care center in Phoenix, marking the last of several deals to resolve legal claims over rape.
The settlement, made on behalf of Dr. Philip Gere, who has looked after the woman for 26 years during her stay at Hacienda Healthcare, was deemed reasonable by a judge last week. But Gear’s insurer, who died late last year, said in court papers that it was under no obligation to pay the amount, arguing that the doctor’s policy does not cover claims arising from a sexual act.
It is the largest known settlement reached regarding the attack on the woman, who gave birth in December 2018. Her parents sued Arizona State, Gere and another doctor who was looking after their daughter.
The state, which contracts with companies like Hacienda to provide services for people with developmental disabilities, settled last summer for $7.5 million.
Dr. Thanh Nguyen, who took care of the woman in the months leading up to the untimely birth, as well as a medical group settled lawsuits against them last summer for an undisclosed sum. Hacienda Healthcare agreed to settle an undisclosed amount before the woman’s parents filed a lawsuit in late 2019.
Hacienda HealthCare facility in Phoenix Jan 25, 2019, Matt York file / AP
Declaring the $15 million settlement reasonable, Judge Theodore Campagnolo concluded that Gere’s treatment of the woman had fallen below the standard of care by her failure to diagnose and regularly examine her pregnancy.
The judge said that the woman’s mother’s requests to hire female employees only tending to her daughter were not followed through. Campagnolo also said that the evidence that the helpless woman was the victim of numerous sexual assaults is indisputable in the civil case.
Kevin Barrett, an attorney who previously represented Gere in a lawsuit the insurance company brought against the doctor, did not immediately return a call late Tuesday morning seeking comment. Gere died on December 20.
The pregnancy was discovered when a long-term care facility employee was changing the clothes of the then 29-year-old victim and noticed that she was in the process of delivering a baby. Police officials said they did not know the woman was pregnant.
The birth sparked reviews by state agencies, highlighted safety concerns for severely disabled or disabled patients, and prompted the resignation of Hacienda’s CEO.
Police said DNA from Nathan Sutherland, a licensed practical nurse working in Hacienda, matches a sample taken from the woman’s son.
Sutherland, who was fired from his job after his arrest and then gave up his nursing license, has pleaded not guilty to charges of sexual assault and abuse of a vulnerable adult. He was not the target of the lawsuit.
The victim lived in the Hacienda for 26 years, until the birth of her son, who is now cared for by her parents.
The woman has been in a vegetative state since she was a little girl. Campagnolo wrote that the cause of her condition was unclear. When she was about two years old, she suffered from drowning that nearly deprived her brain of oxygen, although there is also testimony that she had congenital problems, such as seizure disorders, shortly after her birth, the judge wrote.
Lawyers for the family said that Hacienda missed signs that the woman was carrying a baby, such as her weight gain and a swollen abdomen, and that she delivered the baby without pain medication. The lawsuit also alleged that the state had not done a bad job in monitoring the Hacienda’s operations.
Campagnolo said medical records showed Gere had not had regular check-ups on the woman for at least three years before his transfer in September 2018.
Although the woman’s mother requested that her daughter be cared for by women only, evidence shows that Sutherland and other men have cared for her over the years, Campagnolo wrote. The judge said the woman’s mother filed the applications after she was told that her daughter may have been a victim of sexual assault in 2002.
Phoenix police said health authorities at the time found that some Hacienda employees used language of a sexual nature when speaking to patients, but were unable to substantiate the allegations of physical abuse. Police said there was not enough evidence to justify a criminal complaint against the employees.
Gere’s insurance company said Gere was not the woman’s primary care physician when she gave birth and cannot be held liable for the sexual assault.
Campagnolo wrote: “The first truth is accurate, the second is debatable. However, Dr. Gere’s responsibility was not limited to one sexual assault and childbirth.”
Campagnolo wrote that Gere had known since 2002 that there were allegations of sexual assault that could involve the patient in question.
“The fact that the internal investigation found no evidence of sexual assaults would not remove Dr. Gere from his predicament,” Campagnolo wrote, adding that the doctor knew the woman’s mother had only asked her caregivers.
Megan Rose, a spokeswoman for the Arizona Department of Administration, declined to comment on the state’s settlement.
Hacienda spokesperson David Leibowitz, Nguyen’s attorney Andrew Rosenzweig, and Robin Burgess, an attorney representing Gear insurance company, James River Insurance Company, did not respond to calls seeking comment.
[ad_2]
Picture Credit!