NEW KENT COUNTY, Va. -- The former CEO of the Cumberland Children’s Hospital took the stand Monday afternoon in the trial against the New Kent facility.
46 former patients are suing the Cumberland Children’s Hospital, Universal Health Services (UHS), UHS of Delaware (UHS-D), and former medical director Dr. Daniel Davidow for $930 million.
The three female patients in this first case, claim that Doctor Daniel Davidow inappropriately touched them during femoral pulse exams.
The allegations came out from two of the accusers during a group therapy session led by a former intern at the hospital in 2017. The William and Mary intern at the time reported the allegations which led to an April 2017 police report and CPS investigation.
That probe ultimately determined that those allegations were unfounded.
Former CEO Gay Brooks was repeatedly asked about her handling of that case and why incident reports were not created which were policy.
Brooks was also questioned why the former patients were questioned and recorded by the risk manager without them knowing after Brooks testified that Cumberland did not question patients.
Civil attorney Kevin Biniazan asked Brooks when she first received complaints about former medical director Daniel Davidow. Brooks responded, “2017.”
However, when pressed on that she acknowledged it could have been before 2017.
As to the kind of complaints she received, Brooks said “It was a feeling, some patients were feeling uncomfortable.”
Brooks could not give a number when asked how many patients made complaints.
Biniazan asked Brooks if one, two, three, four, five, or six patients made complaints. Brooks responded "yes" each time, possibly indicating that six patients made complaints.
When Biniazan asked if over seven complained, Brooks responded “I don’t know.”
Biniazan asked Brooks if Cumberland ever conducted an investigation, to which Brooks responded, “I’m not sure what you mean.”
Biniazan asked Brooks, “How many times did Cumberland do an investigation?”
Brooks explained that the hospital collected facts and reported complaints and that there were “a lot of patients that said untruths.”
Brooks acknowledged that she asked Davidow if he was telling patients they could contact him after discharge. Plaintiffs presented evidence Monday that Davidow communicated with former patients via email and was friends with some on Facebook. Brooks said they were his patients and he wanted them to be able to reach them.
Brooks confirmed she was the one to put him on leave in February 2020.
Biniazan pulled an “I stand with Dan” pin out of his suit pocket and showed it to Brooks. He asked her if she ever wore it after Dr. Davidow left the hospital.
“I did for a moment," Brooks responded.
A former Cumberland Hospital Director of Marketing and Business Development also testified Monday that she met with CEO Brooks regularly and her job was to keep the census up.
She described Cumberland as a “toxic work environment” and it was very much so "about the numbers." However, she said she never witnessed any abuse or heard of any sex abuse allegations against Dr. Davidow but testified she wouldn’t want to send her own children there.
She left the hospital in 2016.
Dr. Ronnie Smith testified in his expert opinion that Cumberland Hospital was fraudulently billing plaintiffs' appointments by coding them as a doctor’s visit when a nurse practitioner allegedly saw the patient. This was according to patients’ notes.
“It was a trend,” said Smith of the upcoding.
The three-week trial began on September 9.
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