The Cumberland Children’s Hospital in New Kent, Virginia is at the forefront of a $127 million lawsuit taking place. The lawsuit is built around 20 former patients, and their families, who have come forward alleging sexual and physical abuse. The claim was filed by Breit Cantor Grana Buckner, a personal injury law firm at Richmond’s Circuit Court.
The hospital is a residential treatment center for people aged 2-22 with medical and behavioural diagnoses such as chronic illness and brain injuries. The suit itself accuses the hospital, its Medical Director Daniel Davidow, and Hospital Psychotherapist Herschel Harden, of assault, battery, negligence, false imprisonment, fraud, and reckless disregard. Also, there has been accusations made of violations of state-mandated child protection rights.
The firm is seeking some $127 million in compensation and punitive damage costs, covering bodily injuries, disfigurement, and mental anguish – as well as the coverage of los earnings and medical expenses for those impacted. The attorney for the case, Kevin Biniazan, said: “These defendants can never undo the harm they’ve caused to our clients, but this lawsuit seeks accountability and financial recovery that we hope will, in some way, make up for what they’ve suffered,”
So far, 20 patients are involved in the case against the hospital and claim to have experienced sexual abuse and physical abuse from a combination of staff, physicians, and other residents within the hospital. Some 12 of the 20 alleged victims claim to have been non-consensually touched. Employees and patients are also accused of physically assaulting other individuals, resulting in long-term physical and mental anguish.
Other roommates and patients are alleged to have sexually abused the younger and weaker individuals after hours, entering the rooms of victims without staff input or intervention. Even when calling for support, staff would not respond to the calls, it is claimed. Other claims include a patient being scaled with hot water, being locked in rooms without access to a bathroom, and sexual abuse towards patients aged 12-years-old and above, abusing them by touching them in an inappropriate manner.
The lawsuit also goes on to accuse the hospital and its ownership, Universal Health Services, of fraud. The fraud was committed, according to the complaint, by keeping patients at the hospital beyond the necessary timeframe needed for recovery in a bid to maximise revenue. They also are accused of ignoring reports from patients, staff, and family members, of ongoing abuse. Other accusations also include that they misled parents in a bid to keep children in their custody.
This is not the first investigation into the hospital, either; a 2017 investigation, still ongoing, was opened relating to child abuse and neglect. The psychotherapist who worked for the hospital, Herschel Harden, was also charged with two felony counts of object sexual penetration by a grand jury in King William County.
In a bid to ‘maximise profits and reduce costs’, the hospital is also accused of lacking the required staff numbers needed. More to come as the case progresses. More information regarding a jury trial is believed to be available by mid-November.
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