Second Lawsuit Filed Against Virginia Children Treatment Center
Attorney Kevin Biniazan was retained for a lawsuit against the Cumberland Hospital for Children and Adolescence and its former medical director, Dr. Daniel Davidow. On Monday, July 19, 2021, a lawsuit was filed by 18 victims claiming they were sexually abused during their stay at the facility. The former patients are seeking $114.3 million.
About the Facility
The facility offers both residential and hospital treatment for juveniles, between the ages of two and 22, with chronic illnesses, brain injuries, and neurobehavioral issues. Some common disabilities they see include:
- developmental syndrome
- impulse control disorders
- fetal alcohol syndrome
Additionally, they claim to provide “medical, rehabilitative, behavioral, and educational services” to their patients. The facility can house up to 94 residents in its hospital section and 16 in its Residential Treatment Center. They do not list an average time spent at the facility but state that each case varies in length of stay.
History of Abuse
This new lawsuit comes in less than a year following another multi-million-dollar lawsuit. Together the facility and the former director face accusations from 38 victims and $241.3 million in damages.
The former Medical Director, Dr. Daniel Davidow, held the position from 1996 until Problem Solvers Investigations began in February 2020. The investigation included accusations of abuse and neglect.
Multiple female victims, one just 12 years old, allege that they were subjected to Davidow sexually touching them intimately during exams. They all stated that he claimed he was taking their femoral pulse but would penetrate their vaginas without gloves on. The male patients all received pulse checks on their wrists. Victims were also rated on a “Tanner” scale as he would monitor their development by examining their breast and pubic hair growth.
Many of the victims voiced their allegations during group therapy sessions that an intern led. These allegations were dismissed as the case managers refuted any inappropriate conduct. However, one of the facility’s psychotherapists took a poll on his patients and filed a report to investigators. He said of the 12, all but one had been touched inappropriately. This prompted the New Kent Sheriff’s Office and the New Kent Department of Child Protective Services to interview Davidow in 2017. Officials found the accusation unfounded.
Recourse for Victims of Sexual Assault
Sexual abuse attorney Kevin Biniazan shared with us some of the legal rights for victims sexually abused at facilities such as the Cumberland Hospital.
“Medical facilities for children have a legal responsibility to provide a safe and nurturing environment for their patients. Not only should they conduct background checks to prevent predators from gaining employment, but they need to take all reports of misconduct seriously. By failing to fully investigate the accusations made by these vulnerable children, the abuse was allowed to continue. They neglect to abide by the proper procedures that would prevent this abuse from occurring. Allowing a medical professional with a history of misconduct to continue to see patients can be considered neglect in a court of law.
Too often, facilities are more vested in the monetary benefits of the patients than their recovery. The facility was frequently accused of extending the length of stay for patients in an attempt to gain more revenue.”
“Victims of sexual abuse at medical facilities and residential treatment centers should know they have legal rights to seek justice. It is always advised they seek the counsel of an experienced sexual abuse attorney to learn more about their legal options. Whether through criminal lawsuits or civil lawsuits, they deserve to be compensated for the trauma they endured.”
Mr. Banville is a personal injury attorney who has experience in handling auto accidents, work injuries, medical malpractice, dog bites, slip and falls, and representing survivors and victims of sexual abuse. Mr. Banville is affiliated with law firms in Pennsylvania, New York, New Jersey, Delaware, D.C., and Maryland. Justice Guardians