RICHMOND, Va. — A circuit judge has ruled that three former patients of Cumberland Hospital will continue to receive a multi-million dollar award, albeit with a small reduction, and will not face a retrial. This decision follows allegations made by the women, who claimed they were sexually assaulted by former Medical Director Daniel Davidow during their time at the facility in New Kent.
The plaintiffs reported inappropriate touching during their admission exams, leading to a civil trial in September. During that trial, a jury determined that the women were owed $360 million, factoring in violations of the Virginia Consumer Protection Act.
The defendants contested the verdict, arguing that the plaintiffs had not sufficiently proven their claims under the Virginia law. However, the judge sided with the jury’s original decision, denying the defendants’ request for a new trial, which cited issues pertaining to juror conduct and the classification of punitive damages.
While largely upholding the jury’s initial ruling, the judge adjusted punitive damages, decreasing them by $350,000 for each plaintiff based on the state’s statutory cap, resulting in a new award of $80.35 million per plaintiff. This adjustment brings the total to just over $241 million, a decrease of slightly more than $1 million from the initial amount.
Civil attorney Kevin Biniazan expressed satisfaction with the court’s decision to uphold the jury’s findings, despite acknowledging the statutory cap on damages. He criticized the legislature for what he describes as an unconstitutional imposition of limitations that undermine jurors’ verdicts. Biniazan hopes this ruling will draw attention to the need for reform, ensuring that individuals who perpetrate harm are held accountable.
The current lawsuit is part of a broader claim involving 46 former patients, with a total demand of $930 million against both Cumberland Hospital and Davidow. In a related development, a judge in New Kent previously acquitted Davidow of criminal charges linked to similar allegations from two other former patients.
Looking ahead, another civil trial involving additional plaintiffs is slated for October.
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