$127M suit filed against doctors, Cumberland Hospital for alleged abuse

Cumberland Children’s Hospital in New Kent County faces a $127 million lawsuit after 20 former patients and their families came forward alleging years of sexual and physical abuse.

The nine-count lawsuit was filed in Richmond Circuit Court on Oct. 20.

The suit accuses the hospital, medical director Daniel Davidow and hospital psychotherapist Herschel Harden of assault and battery, negligence, false imprisonment, fraud and reckless disregard as well as violations against state-mandated child protection rights.

“The suit contends that the former medical director inappropriately touched the genitalia of young female patients, two as young as 12 years old, during routine medical exams and that employees and fellow patients physically struck and caused harm to other residents,” according to a press release from the law firm of Breit Cantor Grana Buckner.

The suit seeks $127 million in compensation and punitive damages.

“These defendants can never undo the harm they’ve caused to our clients, but this lawsuit seeks accountability and financial recovery that we hope will, in some way, make up for what they’ve suffered,” said attorney Kevin Biniazan.

According to the 69-page complaint, the 20 former Cumberland Children’s Hospital patients experienced sexual abuse and physical abuse from both physicians, staff and other residents.

The lawsuit alleges:

• Plaintiffs range between 10 and 26 years old.
• Twelve of the 20 alleged victims reported non-consensual and unwanted touching.
• Davidow placed his hands beneath the undergarments of female patients 12 years and older and sexually abused them by intentionally touching their intimate parts.
• Employees and fellow patients physically assaulted other residents resulting in long-term physical and mental pain resulting in PTSD, depression, sleep disorders and bodily injuries.
• Roommates and other patients sexually abused younger, weaker plaintiffs after hours, entering the alleged victims’ rooms without intervention from staff. When they called for help, the staff did not respond.
• Employees scalded a patient with hot water and locked patients in rooms without access to bathrooms.

The lawsuit also accuses hospital owner Universal Health Services – the largest facility-based behavioral health provider in the nation – of fraud by keeping patients at the hospital beyond the time necessary for treatment in order to maximize revenue. The suit says UHS ignored reports from patients, families and employees of the ongoing abuse and misled parents in order to keep children in its custody.

Universal Health Services operates nine other facilities in Virginia and 349 centers in the United States, Puerto Rico, Virgin Islands and the United Kingdom.