‘Long-fought battle’: Jury awards $360M to hospital patients who alleged sex abuse

A Richmond jury awarded $360 million in damages to three women who alleged they were sexually abused while patients at a New Kent County children’s hospital.

The Sept. 27 verdict was reached after about seven hours of deliberations; each plaintiff received $20 million in compensative damages, $40 million in punitive damages and $60 million in treble damages for violation of Virginia’s Consumer Protection Act.

Virginia Beach attorney Kevin Biniazan, who represented the plaintiffs, told Virginia Lawyers Weekly that to his knowledge, the verdict is among the largest personal injury verdicts per plaintiff in Virginia history.

The burden as a trial lawyer to carry a client’s faith in humanity and in our system at large, not just our legal system, is a burden I had not felt until handling this case.

— Virginia Beach attorney Kevin Biniazan

Biniazan’s involvement with the case began when he was contacted by a parent whose child was a patient at Cumberland Hospital in New Kent County. The parent suspected her child had suffered abuse while at the facility.

“That began my investigation into the facility and what was going on,” Biniazan told Virginia Lawyers Weekly. “During the course of that investigation for that family is when I learned about allegations of other former patients related to sexual abuse.”

A multicount civil lawsuit was filed in 2020 against Cumberland Hospital and the hospital’s former medical director, Dr. Daniel Davidow. The initial suit — which alleged assault and battery, negligence, fraud and violations of Virginia’s Consumer Protection Act — was filed on behalf of 20 plaintiffs.

More plaintiffs joined the $930 million lawsuit, which grew to contain 46 former patients of the children’s hospital.

“Our involvement grew as former patients essentially requested that we represent them as we continued to pursue claims on behalf of others,” Biniazan said.

Trying this case, on behalf of three of our brave clients, was the privilege of my career. Our clients are role models for any child that has suffered abuse. We are forever grateful they trusted us to lead their fight.

— Richmond attorney Lee Floyd

The former patients claimed Davidow inappropriately touched them while performing femoral pulse exams, which Davidow denies.

At a criminal trial in April, New Kent County Circuit Judge B. Elliot Bondurant acquitted Davidow of four felony sexual abuse charges against two other former patients. Counsel for the defendants in the civil trial did not respond to requests for comment by deadline.

‘Long-fought battle’

The September trial was the first civil trial on the matter that Biniazan said he “has lived with for four years.”

Arlington attorney Scott Perry, who also represented the plaintiffs, told Virginia Lawyers Weekly the case “was a long-fought battle upon a very important issue.”

“Our clients had been let down by multiple different authority systems and had lost faith in a system that is supposed to protect the most vulnerable among us,” Perry said. “The jury’s verdict restored their belief in the system.”

Perry added that the case allowed his clients “to be heard and to be believed.”

“During times where there is much distrust in our society, there is tremendous value in knowing that our jury system — where individual, ordinary and dedicated citizens decide disputes — still works to right tremendous wrongs,” Perry said.

Biniazan said the two-week trial contained many unique elements, as it was a multi-plaintiff trial pursuant to Virginia’s Multiple Claimant Litigation Act. The court also held prior to trial that the action was not a medical malpractice claim covered by the Virginia Medical Malpractice Act, allowing the case to continue as the case was still within statute.

Our clients had been let down by multiple different authority systems and had lost faith in a system that is supposed to protect the most vulnerable among us. The jury’s verdict restored their belief in the system.

— Arlington attorney Scott Perry

“The case and its progeny leading up to trial included many decisions that I think were legally substantive,” Biniazan said. He specifically noted claims of false imprisonment and violations of the Virginia Consumer Protection Act, which he called “novel claims in the context of personal injury disputes or claims of sexual abuse.”

Biniazan added that the plaintiffs’ argument referenced the Supreme Court of Virginia’s decision in A.H. v. Church of God in Christ, which illustrated that a duty of care is required towards a “vulnerable individual” in a custodial relationship.

“I think this is the first trial that actually put that theory to verdict,” Biniazan said.

Future litigation

The September case is the first of what could be several trials on the matter. Biniazan told Virginia Lawyers Weekly the next trial on the disputes is slated for March 2025.

“There’s almost certainly going to be appeals if the cases don’t resolve,” Biniazan said.

The case, he added, was “heavily litigated” and contained multiple motions, including a successful motion to strike by the parent companies of the hospital, which were sued in the initial action but not included in the civil verdict.

“There was an interrelation of different courthouses and different decisions on different burdens of proof,” Biniazan said.

Counsel for the plaintiffs described the matter as among the most noteworthy of their careers.

“Trying this case, on behalf of three of our brave clients, was the privilege of my career,” Richmond attorney Lee Floyd, who also represented the plaintiffs, said. “Our clients are role models for any child that has suffered abuse. We are forever grateful they trusted us to lead their fight.”

“The burden as a trial lawyer to carry a client’s faith in humanity and in our system at large, not just our legal system, is a burden I had not felt until handling this case,” Biniazan said.