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In late 2018, a deeply disturbing incident at Hacienda Healthcare, a care facility in Arizona, shocked the world. A woman in a vegetative state under the facility’s care for over a decade gave birth to a baby boy. This event unveiled a horrific instance of sexual abuse and highlighted significant lapses in the oversight and safety protocols of nursing homes and assisted living facilities.
Sexual abuse in nursing homes and assisted living facilities is, unfortunately, not an isolated issue. It can take many forms including inappropriate touching, forced nudity, unwanted sexual advances, and even sexual assault or rape. The perpetrators can be staff members, other residents, volunteers, or visitors.
Nursing homes often contribute to these incidents through inadequate background checks on employees, insufficient supervision, failure to prevent abuse by other residents, and poor monitoring of visitors.
What Happened at Hacienda Healthcare?
Hacienda Healthcare, a Phoenix-based adult care facility, became the center of a shocking sexual abuse scandal that has had lasting repercussions. This case, which surfaced in late 2018, exposed severe failures in safeguarding vulnerable patients and highlighted significant lapses in oversight within care facilities.
The scandal came to light on December 29, 2018, when a 29-year-old patient at Hacienda Healthcare, who had been in an incapacitated state for more than two decades, unexpectedly gave birth to a baby boy. This patient, who was non-verbal and required round-the-clock care, had been a resident at the facility since childhood due to a near-drowning incident that left her with severe disabilities.
What Systemic Failures Were Exposed by the Hacienda Healthcare Scandal?
The Hacienda Healthcare case brought to the forefront several systemic issues within the facility and similar care institutions:
- Lack of Proper Oversight: The incident revealed that Hacienda Healthcare had inadequate safeguards to monitor staff and protect patients from abuse. There were insufficient checks and balances to prevent such egregious violations of patient safety.
- Staffing and Training Issues: The case highlighted significant shortcomings in staff training and supervision, as no staff member observed the perpetrator assaulting his victim and no staff members who cared for her during the subsequent weeks recognizing that she was pregnant. Proper protocols were not in place to monitor the interactions between staff and patients, particularly those who were highly vulnerable.
- Regulatory Gaps: The scandal prompted scrutiny of state and federal regulations governing long-term care facilities. The Arizona Department of Health Services faced criticism for not ensuring stringent enforcement of existing regulations.
How Was the Abuse at Hacienda Healthcare Discovered?
Somehow, staff at Hacienda Healthcare was unaware of the pregnancy until the resident went into labor. The birth shocked the staff and authorities, leading to immediate questions about how such an assault could occur unnoticed. The circumstances of the baby’s birth triggered a criminal investigation into sexual abuse and negligence at the facility.
Who Was Responsible for the Abuse at Hacienda Healthcare?
Phoenix police quickly launched a thorough investigation to identify the perpetrator of the sexual assault. DNA testing was conducted on male staff members at Hacienda Healthcare and on January 23, 2019, Nathan Sutherland, a licensed practical nurse who had been caring for the victim, was arrested. Sutherland’s DNA matched that of the baby, leading to charges of sexual assault and vulnerable adult abuse.
Sutherland pleaded guilty to sexual abuse and was sentenced to ten years in prison followed by lifetime probation. His actions were a gross violation of trust and professional duty, highlighting severe ethical and legal breaches.
The resulting investigation and subsequent lawsuits found that the victim’s physician and the State of Arizona were liable for the abuse.
What Legal Action Was Taken in the Hacienda Healthcare Lawsuit?
In addition to Sutherland’s sentencing, the victim’s family pursued multiple legal actions:
- Lawsuit against Hacienda Healthcare: The family reached an undisclosed settlement with the facility.
- Lawsuit against the State of Arizona: The family reached a $7.5 million settlement with the state, as the facility’s care was paid for through the state’s Medicaid program and managed by the Arizona Department of Economic Security.
- Settlement with the estate of Dr. Phillip Gear Jr.: The primary care physician at the facility settled for $15 million. The judge approving the settlement noted that Dr. Gear “failed to adequately perform as a primary care physician.”
Did the Victim’s Family Receive Compensation from the Hacienda Healthcare Settlement?
Yes, the victim’s family received compensation through multiple settlements:
- An undisclosed amount from Hacienda Healthcare;
- $7.5 million from the state of Arizona;
- $15 million from the estate of Dr. Phillip Gear Jr., the victim’s physician at the facility.
The Hacienda case serves as a stark reminder of the importance of protecting vulnerable adults in care facilities. It emphasizes the need for robust oversight, improved communication, and a resident-centered approach to care. By learning from this tragedy, we can work towards creating a safer future for those who depend on care facilities.
What to Do If You Suspect Abuse in a Care Home
If you suspect any type of abuse in a care home, it is crucial to take immediate action:
Report to Authorities: If someone is in imminent danger, dial 9-1-1 immediately.
Contact an Attorney: To better understand your rights and see if you have a case, reach out to us at SolomonRelihan.com. We are dedicated to protecting the rights and well-being of vulnerable adults. We are here to support and advocate for the safety and dignity of all residents in care facilities.
Martin J. Solomon is a principal at Solomon & Relihan PC and has been licensed to practice law in Arizona since 1970. He practices exclusively in the area of personal injury litigation, with an emphasis on nursing home abuse and neglect. Martin is a graduate of the University of Arizona College of Law, a past president of the Arizona Trial Lawyers Association, and has served as a member of the Board of Directors for the Arizona Center for Disability Law and the Arizona Center for Law in the Public Interest. He is a member of the Nursing Home Litigation Group in the American Association for Justice (formerly the American Trial Lawyers Association), the National Citizens’ Coalition for Nursing Home Reform and the Maricopa Elder Abuse Prevent Prevention Alliance.
