Lawsuit Claims Nurse Assaulted Paraplegic Man

In civil lawsuit, paralyzed man says nurse made advances, showed him porn, and eventually sodomized him

A lawsuit filed Wednesday claims a Miami home health care nurse harassed and sodomized a paraplegic man in his own house.

The lawsuit, filed in Miami-Dade circuit Court against A.S.A. Home Care, Inc., claims the victim, identified only as John Doe, was assaulted by one of A.S.A.'s male nurses.

According to the lawsuit, the nurse began providing home health care to the victim in 2007, and immediately began to show a sexual interest in the victim, but the victim "rebuffed these advances."

The nurse invited the victim to his home, brought the victim a sex toy on one occasion and showed the victim pornography during another visit, the lawsuit said.

The victim required care for a wound on his lower back near his buttocks, and began to notice that the nurse took longer to change his bandages than other nurses, the lawsuit said.

Because of his limited mobility, the victim couldn't see or feel what the nurse was doing but felt unusual changes in sensation in his genitals, the lawsuit said.

During one incident in June 2008, the victim was assaulted by the nurse, the lawsuit said.

"My client realized he was being [sodomized]," said attorney Jeff Herman at a press conference Wednesday. "It's a horrible incident for a man who was already disabled and life has thrown lots of challenges to him."

When the victim confronted the nurse, he begged him not to tell anyone because he was afraid he'd lose his job and threatened to kill himself if the victim told, the lawsuit said.

The lawsuit claims A.S.A. failed to adequately supervise or investigate complaints against the nurse and failed to provide a safe and secure environment for him.

Diego Jimenez, the president of A.S.A., told NBC Miami he wasn't aware of the lawsuit and couldn't comment until he knew about it. Police have not made any arrest.

The civil suit claims the victim suffered severe psychological, emotional and physical injuries as well as shame and humiliation and is seeking over $5 million in damages.

"This has impacted him very harshly. His nerves are - have been impaired," said a translator as the victim expressed himself at the press conference. "He feels depressed. He's very anxious. He feels agitated."

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