RICHMOND, Va. -- The first of three plaintiffs took the stand Tuesday in the civil trial against a New Kent hospital and its former medical director.
Forty-six former patients are suing the Cumberland Children’s Hospital, its owner Universal Health Services (UHS), UHS of Delaware (UHS-D), and Dr. Daniel Davidow for $930 million.
The three female patients in this first case, claim Davidow inappropriately touched them during femoral pulse exams.
Two of the accusers made the allegations during a group therapy session led by a former hospital intern in 2017. The William and Mary intern at the time reported it, which led to an April 2017 police report and CPS investigation. That probe ultimately determined that those allegations were unfounded.
AE (plaintiff’s initials) took the stand and was asked by civil attorney Kevin Biniazan how she was doing. She responded, “I’m a little nervous.”
She testified she was admitted to Cumberland Hospital in 2016 at the age of 14. She said she was referred by Mission Hospital in Asheville, North Carolina, to focus on her eating problems. In prior testimony it was reported that she had been gang raped by a group of boys two years earlier at a library in Athens, Georgia.
When questioned about her admission physical she testified that Davidow took her to a room where there was a bed and told her to sit down. She said it started out with “normal stuff” like taking her blood pressure but then she testified that the former medical director stuck his hands beneath her pants.
She said she started crying and couldn’t say anything. She said he kinda took his hand out and said, ‘I can’t do a breast exam because you’re crying.’ She said they then proceeded into the conference room.
Biniazan asked AE before Davidow placed his hands under her pants did he inform her. She answered no. He asked her what she felt. She responded, “I kinda froze.”
Biniazan asked her if Davidow was wearing gloves. She responded, “no.” Biniazan asked her if she was wearing underwear. She said, “yes” and he then asked her what size she was wearing and she told him a child size 12.
AE testified Davidow’s hand was on the crease of her leg. Biniazan asked AE if it was her “private area?” She responded, “yes.” He then asked if it was her “genitals” and she responded, “yes.”
Biniazan asked AE when she started to cry, did Davidow stop?
She responded not right away. She explained a few seconds later.
AE testified that she confided in her therapist Brittney that Davidow made her uncomfortable with the way he would put his hand on her shoulder and neck in passing.
She then testified about the group therapy session that was the subject of the 2017 April 2017 police report and CPS investigation. She said that group members said when talking about being inappropriately touched by Davidow, “that happened to you all too? “That’s something that happens when you come to Cumberland."
Former Cumberland risk manager Matthew Wiggins took the stand Tuesday and admitted recording the former patients who were involved in that investigation without them knowing.
Biniazan played the audio for the jury.
Wiggins is heard on the recording telling AE (and other accusers) that she needed to call her mom and tell her there was an allegation and she was just uncomfortable. He said in his opinion, it sounded like Davidow’s actions were more “bad bedside manner.” He also testified that he had a good idea after the CPS interview that the complaint was unfounded but admitted he did not have confirmation of that.
“Why does he get to be okay?” AE asked about Davidow. She explained to the jurors that she gets jealous because she’s not okay and it’s been so long and he’s going to “keep doing it.”
In cross examination, the defendants’ attorney asked AE about her hospitalizations at VCU for suicide attempts and pointed to a mix up in her dates.
AE acknowledged the error.
The defendants’ attorney asked AE if being in a group home before Cumberland was upsetting. AE explained that it was sometimes, but not really. The attorney also pointed out that it’s been three years since she’s been in a residential facility, and she’s been consistently going to counseling and is the primary caregiver for her infant sister.
AE broke down when Biniazan showed AE a picture of her infant sister.
AE said, “She’s brand new, she’s pure. It’s so exciting.”
Biniazan said, “Does this give you hope for the future?”
AE explained that it made her scared but it gave her hope to better herself.
Earlier in the day, former Cumberland CEO Gay Brooks continued her testimony from Monday. She defended Cumberland’s admissions exams, and said when she learned about allegations made in 2017 against Davidow involved a femoral pulse check, she did not suspect abuse, because she had learned other providers performed the same type of exam.
At one point Brooks broke down in tears, saying she had loyalty to Cumberland Hospital in her nearly four decades there.
A child forensic psychiatrist also testified Tuesday.
The other two plaintiffs are expected to testify Wednesday.
Davidow was found not guilty of felony sex abuse charges involving two other former Cumberland patients in New Kent County back in April.
CBS 6 investigative reporter Laura French has been covering this case for the last five years. She’s in the courtroom for the three-week trial. For live updates follow her on X @lfrenchnews.
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