NEW KENT COUNTY, Va. -- Testimony in the civil trial against a New Kent children’s hospital, its owner and former medical director began Wednesday at Richmond Circuit Court.
Forty-six 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 Dr. Davidow inappropriately touched them during femoral pulse exams.
On Wednesday two mandated reporters who turned the former medical director in, took the stand as the first witnesses for the plaintiffs in the case.
Kent Radwani testified that while he was a psychotherapist in 2016, he was leading a group therapy session when a female patient shared that she was abused during a physical exam at the facility.
Radwani said another patient then spoke up and said she also had a similar experience.
Radwani said at that time he asked the group how many had also shared the same experience. According to Radwani, all but one female patient raised their hand. There were an estimated 11 out of 12 girls in the group who admitted to being abused at the facility, Radwani testified.
He said he then polled another group session, this time with boys, and asked them where Davidow checked their pulses. All responded that he checked them on their wrists.
The plaintiffs’ attorney Kevin Biniazan pressed Radwani for details on how the patients described the alleged abuse.
Radwani said some claimed that Davidow fondled them, inappropriately touched them, inserted his finger into their vagina, and asked unusual questions like how many sexual partners they’ve had with females.
He testified that his supervisor told him that Davidow did these femoral pulse exams to elicit information on whether patients had been abused. Radwani said that in his professional opinion, it’s retraumatizing the victim.
In 2017, Radwani testified that after conducting a group therapy session, an intern under him reported more allegations against Davidow.
William Hollingsworth was the plaintiffs’ second witness on Wednesday.
Hollingsworth testified the allegations came out when the girls discussed Davidow’s “magical touch” to their intimate parts while checking their pulse.
They advised Hollingsworth, a William and Mary graduate student at the time, that he would also check their pulse under their breasts and play with their hair during the physical by twirling it around his finger.
This was documented in an April 2017 police report when Davidow was under investigation for inappropriately touching five female patients. Two of those patients are plaintiffs in this case.
That probe ultimately determined the accusations were unfounded.
Davidow was found not guilty of felony sex abuse charges against two other former patients after a one-week criminal trial in New Kent County in April 2024.
During Wednesday's opening statements, Biniazan testified that “when Daniel Davidow looked at a patient he saw prey [...] everyone treated him like God."
Biniazan showed the jury sexual assault allegations dating back to 2010 against the former medical director.
He spoke of a video of the 2010 alleged incident that reportedly showed improper touching by Davidow. Biniazian claimed the video was destroyed.
Biniazan also claimed the Cumberland Hospital and its owner, UHS, were more interested in profits than the safety of the girls he was representing.
UHS attorney Joe Farchione challenged the plaintiffs’ argument that patients were held at the hospital for profit.
He presented a medical record that indicated a serious health condition for one of the plaintiffs.
In opening statements, Davidow’s attorney Bob Donnelly said he 'unequivocally denies' the sexual assault allegations against him.
He told the jury the three plaintiffs did not want to be at Cumberland.
He also spoke about Davidow’s passion for caring for children and how he got into pediatrics.
He said the femoral pulse exam dates back to the 1960s and 1970s and is a “standard examination.”
Donnelly said Davidow tried to make patients feel more comfortable by having female chaperones, keeping patients clothed, and narrating the exam.
He then demonstrated how the former medical director performed the femoral pulse exams by placing two fingers on both sides of the inguinal canal and visually inspecting the pubic region.
He said, “Is it sexual assault? No. It’s innuendo.”
Defendants all concede the femoral pulse exam would make patients feel uncomfortable but don’t agree with the plaintiffs that it’s sexual assault.
“The crux of this case is really the examination. If you find no sexual assault then you don’t get to any other issues of the case," Farchione said.
USH-D attorney Mike Herring differentiated the relationship it has with Cumberland Hospital in opening statements.
Herring said USH-D is not an owner, but rather a service that provides administrative support. He said Cumberland pays a fee to USH-D.
The trial that began Monday is scheduled to continue for three weeks.
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