Richmond, Va. — A Virginia jury handed down a massive $360 million verdict in favor of three women who said they were sexually abused as patients at a children’s hospital in New Kent County. This landmark decision arrived after about seven hours of deliberation on September 27. The compensation broken down includes $20 million in compensative damages, $40 million in punitive damages, and $60 million in treble damages due to a violation of Virginia’s Consumer Protection Act for each plaintiff.
Virginia Beach attorney Kevin Biniazan, representing the plaintiffs, indicated that this verdict ranks among the highest personal injury awards per plaintiff in Virginia’s legal history. Biniazan’s involvement started after a concerned parent contacted him, suspecting abuse at Cumberland Hospital where her child was a patient. “That began my investigation into the facility and what was going on there,” Biniazan stated. His initial inquiry unveiled further allegations of sexual abuse concerning other former patients which led to a 2020 multi-count civil lawsuit against Cumberland Hospital and its former medical director, Dr. Daniel Davidow.
Initially, the lawsuit, which included charges of assault and battery, negligence, fraud, and violations of the Consumer Protection Act, was filed on behalf of 20 plaintiffs but soon expanded to include 46 former patients. “Our involvement grew as former patients essentially requested that we represent them as we pursued claims on behalf of others,” Biniazan explained.
The plaintiffs accused Dr. Davidow of inappropriate conduct during femoral pulse exams, allegations he denies. Notwithstanding these charges, a New Kent County Circuit Judge, B. Elliot Bondurant, acquitted Davidow of four felony sexual abuse charges against two other former patients in a criminal trial held in April.
The civil trial, described by Arlington attorney Scott Perry as a “long-fought battle upon a very important issue,” was the first concerning these matters. Perry highlighted the systemic failures that the clients had experienced and noted that the jury’s decision had helped restore their faith in the judicial system. “Our clients had been let down by multiple different authority systems and had lost faith in a system that is supposed to protect the most vulnerable among us,” Perry remarked.
This trial, which spanned two weeks, was notably complex, involving multiple plaintiffs under Virginia’s Multiple Claimant Litigation Act. Prior rulings had also clarified that the case was not under the purview of the Virginia Medical Malpractice Act, thereby allowing the lawsuit to proceed. Biniazan noted several “legally substantive” decisions during the lead-up to the trial, particularly highlighting claims of false imprisonment and violations of the Virginia Consumer Protection Act as novel in the context of personal injury or sexual abuse claims.
With the next trial slated for March 2025, Biniazan anticipates potential appeals barring any resolutions. This case was “heavily litigated,” involving multiple motions including a successful motion to strike by the parent companies of the hospital, which were initially sued but not included in the civil verdict.
Lee Floyd, another Richmond attorney representing the plaintiffs, expressed profound respect for their clients. “Trying this case, on behalf of three of our brave clients, was the privilege of my career,” Floyd said. “Our clients are role models for any child that has suffered abuse. We are forever grateful they trusted us to lead their fight.”
As this legal battle continues to unfold, it stands as a significant example of the challenges and the potential for accountability within systems designed to protect the most vulnerable. The outcomes of future trials could further influence how similar cases are handled legally and socially.
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