$127M Lawsuit Against a Kent County Children’s Hospital and Its Workers

Cumberland Hospital for Children and Adolescence is being sued for physical and sexual abuse of their child patients. Law firm Breit Cantor filed a multi-million dollar lawsuit in Richmond Circuit Court on October 20, 2020, against Cumberland and its parent company Universal Health Services (UHS), its former Medical Director Dr. Daniel Davidow, and Herschel “Mickey” Harden, a former psychotherapist who was indicted in February for sexually abusing a former female client.

The allegations in the lawsuit go as far back as 2008. As per a report by CBS News 6, Dr. Davidow took femoral pulses of his female clients and 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.”[1] Additionally, Dr. Davidow “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.”[2] Patients as young as 12 years old have made allegations of sexual abuse by the doctor.

The complaint filed alleges some of the following:

  1. UHS, Cumberland, Davidow, and Harden constantly pressured staff to change the primary diagnosis of patients, chart aggressive or sexually aggressive precautions in the patients’ records, and otherwise made fraudulent and materially false statements in medical records to justify longer stays.
  2. If a patient’s parent or guardian would not consent to admission or questioned changes to the medical records, the staff at Cumberland Hospital would threaten to call the police and the Virginia Department of Child Protective Services to force the patients’ parents to admit their child to Cumberland Hospital and silence them from making reports or question decisions made by Cumberland, UHS, Davidow, and Harden.
  3. Contrary to Cumberland’s “Seclusion and Restraint Philosophy and Family Notification,” UHS, Cumberland, Davidow, and Haden frequently used physical restraints and seclusion to coerce, discipline, and retaliate against patients.

Davidow since then has had his medical license revoked. The hospital is also alleged to have been playing a money game, by moving clients around the hospital to different beds in order to increase profits. This is being done even though Cumberland does not have adequate staff, proper licenses, and resources to take care of the children. The allegations against Davidow were brought up in a group session led by an intern. As stated by an alleged victim per CBS 6 News “He had me slide down my pants and he grabbed my underwear and pulled them down.”[3] Additionally, the alleged victim stated, “I was obviously very tense because it was a very uncomfortable situation and he was like just relax, just relax and he still did not have gloves on.”[4]

The complaint can be found here.

For more information see the CBS News 6 press release.

[1] Laura French, $127M lawsuit filed against doctors, Cumberland Hospital for Children for alleged sexual abuse, CBS News 6, (Oct. 21, 2020, 6:09 PM), https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/127m-lawsuit-filed-against-doctors-childrens-hospital-for-alleged-sexual-abuse.

[2] Id.

[3] Id.

[4] Id.

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