NEW KENT COUNTY, Va. -- The former medical director of a children’s hospital in New Kent County has been arrested for four felony sex crimes. Dr. Daniel Davidow was indicted by a grand jury on November 21, according to court records. He is charged with two counts of aggravated sexual battery of someone who is incapacitated, and two counts of object sexual penetration by force.
The two accusers were formerly patients at the Cumberland Hospital for Children and Adolescents.
Davidow is currently being held without bond at the Henrico County Regional Jail.
Virginia State Police had been investigating the hospital since 2017, and the CBS 6 Problem Solvers have been looking into allegations of abuse and neglect against certain Cumberland staff members since 2019.
The indictment stated Davidow sexually abused a patient with the initials K.J. from October 16, 2017, until December 1, 2017. Problem Solvers reporter Laura French traveled to Florida to interview K.J in October 2020.
Davidow is also accused of abusing a patient with the initials R.H. from March 1, 2018, until April 30, 2018. She spoke to CBS 6 in February 2021.
In both cases, investigators allege Davidow committed abuse “through the victim’s mental incapacity or physical helplessness.”
Davidow served as Cumberland’s medical director for more than 20 years but was terminated in February 2020, shortly after a CBS 6 investigative report detailing some of the accusations against him.
“It felt like for the longest time he still kind of had this hold over me because of what he’s done, and that’s not there anymore,” K.J. said about the indictments. “That will be fully gone when I can look at him and say ‘I’m okay, I’m safe.’”
R.H. also reached out to CBS 6 and said she was relieved that Davidow has been charged.
In the last two years, 47 former Cumberland patients have filed lawsuits against the hospital and its owner, Universal Health Services (UHS), seeking more than $388 million. Of those patients, 38 accuse Davidow of sexual misconduct.
The law firm Breit Biniazan is representing the plaintiffs, including K.J. and R.H.
“This is the right place to start,” Kevin Biniazan said in reference to the criminal charges. “Ultimately our justice system needs to work together, that's criminal and civil justice. For two years, for longer than that, we believe that they have been behind. Behind on justice, behind on what our clients have been most passionately looking for which is accountability of this individual and this is the beginning and certainly not the end. We’re grateful more than anything to see that there is some action to finally hold this individual accountable criminally for what he has done.”
While the indictments do not contain details concerning the alleged assaults, both accusers claimed they were first abused upon admissions, and said it began with an invasive physical exam. Other former patients involved in the litigation have made similar claims.
“For female patients, Defendant Davidow fraudulently stated he needed to check the minor patient's femoral pulse to coerce the minor patient's compliance with his demands," one lawsuit stated. "Defendant Davidow would place his hand beneath the minor patient's undergarments and sexually abuse the minor patient by intentionally touching the minor patient's intimate body parts.”
“Dr. Davidow wasn’t taking the femoral pulse of male patients, he wasn’t taking the femoral pulse of patients when their parents were in the room, he was only taking the femoral pulse of patients when they were alone when they didn’t have somebody there to speak for them and when they are the most vulnerable,” Biniazan said.
Dr. Melissa Nelson of Pediatric Associates of Richmond, who is not affiliated with this case, has previously questioned the practice of conducting a femoral pulse check on a teenager.
"In pediatrics, it's important to assess a baby's femoral pulse as a critical way to pick up on congenital heart disease, especially in the newborn period,” Nelson said. "The last time I would check a femoral pulse is probably around six months of age."
Davidow became the third Cumberland employee to be criminally indicted.
Psychotherapist Herschel “Mickey” Harden died by suicide in February 2021, the day prosecutors said he was to plead guilty to a sex crime against a former patient. R.H. was also the alleged victim in that case.
Later that year, a behavior technician named Stacey Burrell was convicted of burning a non-verbal patient with hot water.
The Harden and Burrell cases were prosecuted by the Office of the Virginia Attorney General, but the Davidow case is being handled by New Kent County prosecutors. Aside from acknowledging the indictments, Commonwealth’s Attorney Scott Renick has said his office will offer no further comment at this time.
Victoria LaCivita, spokeswoman for Attorney General Jason Miyares, told the CBS 6 Problem Solvers their office would provide help if they are asked for assistance.
Macaulay Porter, a spokesperson for Gov. Glenn Youngkin, said their administration will "assist in the ongoing matter" and make sure "the care provided to these children is high quality."
"The alleged acts by this individual are heinous and have greatly impacted the children entrusted to his care and the community," Porter wrote. "This comes at a time when our children are fragile and need the loving attention of parents and the support of the community."
CBS 6 has not heard back from Cumberland or its parent company UHS for comment.
Michael Goodman, one of Davidow’s attorneys, said they had just been informed of the indictments and had not yet had the opportunity to review them.
Davidow currently has an active medical license, due to expire in October 2024. If convicted of a felony, his license would be immediately suspended, according to Diane Powers, director of communications for the Virginia Department of Health Professions.
This past June, the chief clinical officer for the Virginia Department of Behavioral Health and Developmental Services told CBS 6 that Davidow should lose his license.
“Not only is it a law here in Virginia, hearing the stories in the investigations and the details, it is also a moral obligation to ensure that I can do what is in my ability to ensure that it doesn't continue,” Dr. Alexis Aplasca, who previously filed a complaint against Davidow, said while expressing multiple concerns about Davidow and Cumberland.
“My intent really for putting this complaint in was that I don't feel that this is a person who should be working with highly vulnerable youth who don't have the ability to articulate exactly what has happened to them,” said Aplasca.
An arraignment date for Davidow has not yet been posted.
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