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In the notice of claim filed in court for settlement dispute, the family formulated a series of allegations against the state and the health facility where lived the woman, now 29 years old.
The Maricopa County Medical Center examined the woman after her delivery and concluded that she had been "repeatedly raped," according to the documents. Her delivery was probably a "recurring event," which means that she could have been pregnant before, according to the documents.
According to the complaint, it is unclear whether she had had the previous pregnancy, her family thinks that she had to give birth.
The woman was the victim of multiple sexual assaults that caused her permanent physical and emotional pain and emotional distress to her parents.
The woman has an intellectual disability as a result of epileptic seizures, she is bedridden and nonverbal. But she can move some of her extremities, react to the sound and make gestures of the face, according to her family.
Her parents had previously asked for her to be guarded by female employees and had been assured that this would happen, but this is not the case, according to the documents. The documents indicate that unattended male guards, including the suspect, were allowed to go to his room.
The documents charge the state of "indirect liability for negligence, gross negligence and medical negligence" to Hacienda.
The documents also mention allegations of negligence, gross negligence and "negligence per se" in addition to the vicarious liability. The documents allege that the "first two complaints stem from the" placement of the victim "in Hacienda and the subsequent omission to exercise reasonable control over his care.
"The unspeakable atrocities (…) are the result of a systemic and individual fault and mismanagement at Hacienda (settlement) and a virtually non-existent supervision by the party. "State", according to the documents.
CNN solicited comments from the Arizona Attorney General's Office, but received no response. CNN is also asking Hacienda HealthCare to comment on these documents.
After allegations of sexual assault were revealed this year, the facility announced that it was making changes to ensure the safety of its patients.
Improvements to the facility include "enhanced security", new security cameras and agents, and staff retraining on abuse and neglect protocols.
"Our patients, their families, our team members and the community deserve nothing less than this commitment from us," said Hacienda HealthCare.
A woman reportedly had signs of pregnancy
Before the patient's birth, there were 83 missed opportunities to diagnose pregnancy, according to the documents.
"Over the past few days or weeks, staff have noticed an increase in abdominal distension and firmness," according to the documents.
On the day of her delivery, she "was undergoing a checkup for possible gastrointestinal diseases such as diverticulitis," according to the documents.
"The staff nurse had noticed that the patient had no more distension or abdominal tenderness, and an hour later she came back to the room and raised the sheets.
Her babysitters did not detect her pregnancy despite signs such as missed rules, a "mass" in her abdomen, increasing weight and swollen legs. As a result, she would have passed her pregnancy without appropriate care and in a state of malnutrition.
The request is for a settlement of $ 25 million for the victim and $ 10 million for each of his parents within two months, otherwise the lawyers will take the courts.
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