VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND

K.E.E.;
M.J.M;
M.M.A.;
S.M.F.;
A.C.J.;
J.E.H.;
S.K.P.;
C.L.K. (By Next Friend and Mother A.C.K.);
H.G.B. (By Next Friend and Mother G.L.B.);
B.C.P.;
K.M.J.;
D.T.A.;
K.A.M. (By Next Friend and Mother S.M.M.);
A.J.S. (By Next Friend and Grandmother A.A.S.);
J.L.K. (By Next Friend and Mother S.M.K.);
J.A.H. (By Next Friend and Mother S.M.H.);
C.T.K. (By Next Friend and Mother J.K.);
K.E.H. (By Next Friend and Mother F.E.H.);
M.M. (By Next Friend and Mother S.E.M.),

Plaintiffs,

v. CASE NO.:
TRIAL BY JURY DEMANDED

CUMBERLAND HOSPITAL, LLC

d/b/a CUMBERLAND HOSPITAL FOR
CHILDREN AND ADOLESCENTS,

Serve: Cumberland Hospital, LLC

c/o Corporation Service Company, Registered Agent
100 Shockoe Slip Fl 2
Richmond, Virginia 23219,

UNIVERSAL HEALTH SERVICES, INC.,

Serve: Corporation Service Company, Registered Agent

100 Shockoe Slip Fl 2
Richmond, Virginia 23219,

UHS OF DELAWARE, INC.,

Serve: Corporation Service Company, Registered Agent

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 100 Shockoe Slip Fl 2
Richmond, Virginia 23219

UHS CHILDREN SERVICES, INC.,

Serve: Corporation Service Company, Registered Agent
100 Shockoe Slip Fl 2
Richmond, Virginia 23219

DANIEL N. DAVIDOW,

Serve: Daniel N. Davidow

202 Westham Pkwy
Richmond, Virginia 23229

DANIEL N. DAVIDOW, M.D., P.C.,

Serve: Michael L. Goodman, Registered Agent

Goodman Allen Donnelly, PLLC
4501 Highwoods Pkwy Suite 210
Glen Allen, Virginia 23060

and

HERSCHEL C. HARDEN III,

Serve: Herschel C. Harden III

6284 St. Johns Wood
Williamsburg, Virginia 23188

Defendants.

COMPLAINT

COME NOW, the Plaintiffs K.E.E.; M.J.M; M.M.A.; S.M.F.; A.C.J.; J.E.H.; S.K.P.;

C.L.K. (By Next Friend and Mother A.C.K.); H.G.B. (By Next Friend and Mother G.L.B.);

B.C.P; K.M.J.; D.T.A.; K.A.M. (By Next Friend and Mother S.M.M.); A.J.S. (By Next Friend

and Grandmother A.A.S.); J.L.K. (By Next Friend and Mother S.M.K.); J.A.H. (By Next Friend

and Mother S.M.H.); C.T.K. (By Next Friend and Mother J.K.); K.E.H. (By Next Friend and

Mother F.E.H.); and M.M. (By Next Friend and Mother S.E.M.) by counsel, and respectfully

move this Honorable Court for judgment against the Defendants Cumberland Hospital, LLC

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d/b/a Cumberland Hospital for Children and Adolescents (“Cumberland”); Universal Health

Services, Inc.; UHS of Delaware, Inc.; UHS Children Services, Inc.; Daniel N. Davidow

(“Davidow”); Daniel N. Davidow, M.D., P.C.; and Herschel C. Harden, III, jointly and severally,

for compensatory damages, punitive damages, costs of this action, and pre-judgment interest and

post-judgment interest together with actual damages, treble damages, and attorney’s fees

pursuant to the Virginia Consumer Protection Act on the grounds set forth below:

1. This action is filed pursuant to The Multiple Claimant Litigation Act, Va. Code §

8.01-267.1, et seq.

2. Plaintiffs total more than six individuals joined herein as Plaintiffs in a single

action.

3. Plaintiffs’ claims involve common issues of law and fact and arise out of the same

series of transactions or occurrences, and their claims are properly joined in accordance with Va.

Code § 8.01-267.1, et seq. The common questions of law or fact predominate and are significant

to the actions.

4. Joinder of all Plaintiffs’ claims against Defendants herein (i) promotes the ends of

justice and the just and efficient conduct and disposition of the actions; (ii) is consistent with

each party's right to due process of law; and (iii) does not prejudice any individual party's right to

a fair and impartial resolution of each action.

5. Joinder of all Plaintiffs’ claims against Defendants herein will be more convenient

for the parties, witnesses, and counsel than individual separate actions.

6. All of the Plaintiffs’ claims are at the initial stage of litigation, and joinder of their

claims more efficiently utilizes judicial facilities and personnel and the Court’s calendar, and

avoids inconsistent rulings, orders and judgments.

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 7. Joinder of all of the Plaintiffs’ claims against Defendants makes prompt

settlement of the actions more likely and will not result in prejudice or confusion.

PARTIES

8. Plaintiff K.E.E. is 26 years old and a citizen of the State of Maryland residing

near Baltimore, Maryland.

9. Plaintiff M.J.M. is 22 years old and a citizen of the State of Connecticut residing

in Southington, Connecticut.

10. Plaintiff M.M.A. is 21 years old and a citizen of the Commonwealth of Virginia

residing in Falls Church, Virginia.

11. Plaintiff S.M.F. is 23 years old and a citizen of the State of Delaware residing in

Newark, Delaware.

12. Plaintiff A.C.J. is 20 years old and a citizen of the Commonwealth of Virginia

residing in the Richmond metropolitan area.

13. Plaintiff J.E.H. is 20 years old and a citizen of the State of North Carolina residing

in Concord, North Carolina.

14. Plaintiff S.K.P. is 21 years old and a citizen of the State of Missouri residing in

Kansas City, Missouri.

15. Plaintiff C.L.K. is a minor, age 16, who sues by Next Friend and Mother A.C.K.

Plaintiff C.L.K. is a citizen of the State of New York and resides in Cold Spring, New York.

16. Plaintiff H.G.B. is a minor, age 15, who sues by his Next Friend and Mother

G.L.B. Plaintiff H.G.B. is a citizen of the State of Arizona and resides with G.L.B. in Peoria,

Arizona.

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 17. Plaintiff B.C.P. is 18 years old and a citizen of the Commonwealth of Virginia

residing in the State of Florida.

18. Plaintiff K.M.J. is 19 years old and a citizen of the Commonwealth of Virginia

residing in the State of Florida.

19. Plaintiff D.T.A. is 18 years old and a citizen of the State of Florida residing in

Destin, Florida.

20. Plaintiff K.A.M. is a minor, age 14, who sues by Next Friend and Mother S.M.M.

Plaintiff K.A.M. is a citizen of the State of North Carolina and resides in Holly Springs, North

Carolina.

21. Plaintiff A.J.S. is a minor, age 14, who sues by Next Friend and Grandmother

A.A.S. Plaintiff A.J.S. is a citizen of the State of Alabama and resides in Hillsboro, Alabama.

22. Plaintiff J.L.K. is a minor, age 17, who sues by her Next Friend and Mother

S.M.K. Plaintiff J.L.K. is a citizen of the State of Maryland and resides in Germantown,

Maryland.

23. Plaintiff J.A.H. is a minor, age 16, who sues by his Next Friend and Mother

S.M.H. Plaintiff J.A.H. is a citizen of the State of Tennessee and resides with S.M.H. in Estill

Springs, Tennessee.

24. Plaintiff C.T.K. is a minor, age 10, who sues by Next Friend and Mother J.K.

Plaintiff C.T.K. is a citizen of the Commonwealth of Pennsylvania and resides with J.K. in

Dunmore, Pennsylvania.

25. Plaintiff K.E.H. is a minor, age 14, who sues by his Next Friend and Mother

F.E.H. Plaintiff K.E.H. is a citizen of the Commonwealth of Virginia and resides with F.E.H. in

Fort Belvoir, Virginia.

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 26. Plaintiff M.M. is a minor, age 12, who sues by his Next Friend and Mother

S.E.M. Plaintiff M.M. is a citizen of the Commonwealth of Pennsylvania and a resident of the

Philadelphia, Pennsylvania metropolitan area.

27. Plaintiffs are proceeding under pseudonyms in accordance with Va. Code § 8.01-

15.1 as the need for anonymity outweighs the public’s interest in knowing the individual

identities of the Plaintiffs, and maintaining the anonymity of the Plaintiffs does not prejudice any

other party.

28. Defendant Cumberland Hospital, LLC d/b/a Cumberland Hospital for Children

and Adolescents (“Cumberland”) is now, and at all times relevant herein has been, a Virginia

corporation with a principal place of business located at 9407 Cumberland Road, New Kent,

Virginia 23124. Cumberland is a residential behavioral health care facility offering services to

youths and adolescents with complex behavioral issues, eating disorders, diabetes, brain injury,

chronic illness, or neurobehavioral issues. Cumberland advertises that its patients are children,

teens and pre-teens, ages two to 22, challenged by co-occurring medical and behavioral

diagnoses. Cumberland is a subsidiary of Defendant Universal Health Services, Inc.

29. Defendant Cumberland’s registered agent is Corporation Service Company

located at 100 Shockoe Slip Fl 2, Richmond, Virginia, 23219.

30. Defendant Universal Health Services, Inc. is now, and at all times relevant herein

has been, a corporation organized under the laws of the state of Pennsylvania with a principal

office address in King of Prussia, Pennsylvania, which owns, operates, manages, and controls

behavioral health facilities and acute care hospitals throughout the United States and conducts

substantial business in Virginia. Defendant Cumberland is a subsidiary of Defendant Universal

Health Services, Inc.

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 31. Defendant UHS of Delaware, Inc. is a corporation organized under the laws of

Delaware with a principal office address in King of Prussia, Pennsylvania, which is authorized to

transact business in the Commonwealth of Virginia, conducts substantial business in Virginia,

and is also subsidiary of Universal Health Services, Inc. Upon information and belief, Defendant

UHS of Delaware, Inc. is the management company for Universal Health Services, Inc.

Defendant UHS of Delaware, Inc.’s registered agent in the Commonwealth of Virginia is

Corporation Service Company located at 100 Shockoe Slip Fl 2, Richmond, Virginia, 23219.

32. Defendant UHS Children Services, Inc. is now, and at all times relevant herein

has been, a corporation organized under the laws of the state of Pennsylvania with a principal

office address in King of Prussia, Pennsylvania, which is authorized to transact business in the

Commonwealth of Virginia and conducts substantial business in Virginia. Upon information and

belief, Defendant UHS Children Services, Inc. is a subsidiary of Defendant Universal Health

Services, Inc. Defendant UHS Children Services, Inc.’s registered agent in the Commonwealth

of Virginia is Corporation Service Company located at 100 Shockoe Slip Fl 2, Richmond,

Virginia, 23219.

33. UHS conducts substantial business in the Commonwealth of Virginia including,

but not limited to, its ownership, operation, and management of Harbor Point Behavioral Health

Center in Portsmouth, Virginia; the Hughes Center for Exceptional Children in Danville,

Virginia; Kempsville Center of Behavioral Health in Norfolk, Virginia; Liberty Point Behavioral

Health in Staunton, Virginia; Newport News Behavioral Health Care Center in Newport News,

Virginia; North Spring Behavioral Healthcare in Leesburg, Virginia; Poplar Springs Hospital in

Petersburg, Virginia; Virginia Beach Psychiatric Center in Virginia Beach, Virginia; and

Defendant Cumberland Hospital for Children and Adolescents.

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 34. Prior to November 2010, Psychiatric Solutions Hospitals, Inc. and/or Psychiatric

Solutions of Virginia, Inc. ("PSI") owned, operated, managed, and controlled Defendant

Cumberland.

35. In or about November 2010 UHS acquired PSI. Upon information and belief, as

part of the aforementioned acquisition, UHS acquired Cumberland along with approximately 105

other inpatient and outpatient facilities across the United States. As part of the aforementioned

acquisition, UHS expressly or impliedly agreed to assume all existing and future liabilities.

36. Defendants Universal Health Services, Inc., UHS of Delaware, Inc.., and UHS

Children Services, Inc. are referred to herein collectively as "UHS."

37. Defendant Daniel N. Davidow (“Davidow”) is now, and at all times relevant

herein has been, a citizen of the Commonwealth of Virginia residing in Richmond, Virginia.

38. Defendant Daniel N. Davidow, M.D., P.C. (“Davidow, P.C.”) is a corporation

organized under the laws of the Commonwealth of Virginia with a principal office address

located at 202 Westham Pkwy Richmond, Virginia 23229. Defendant Davidow is an officer,

director, and president of Davidow, P.C.

39. Defendant Davidow was, at all times relevant herein, the Medical Director at

Cumberland Hospital and an agent, employee, and servant of Defendants Davidow, P.C.,

Cumberland, and UHS, acting within the scope of his agency, employment, and service of

Defendants Davidow, P.C., Cumberland, and UHS.

40. Defendant Herschel C. Harden III is now, and at all times relevant herein has

been, a citizen of the Commonwealth of Virginia residing in Williamsburg, Virginia.

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 41. Defendant Harden was, at all times relevant herein, a psychotherapist at

Cumberland Hospital and an agent, employee, and servant of Cumberland and UHS acting

within the scope of his agency, employment, and service of these Defendants.

JURISDICTION AND VENUE

42. This Court has personal jurisdiction over Defendants pursuant to Va. Code § 8.01-

328.1 (1)-(4).

43. Defendants Universal Health Services, Inc.; UHS of Delaware, Inc.; and UHS

Children Services, Inc. purposefully availed themselves of the privileges of conducting business

activities within the Commonwealth of Virginia such that the forum Court may exercise personal

jurisdiction over them. These Defendants are doing business in the Commonwealth of Virginia

through the ownership, operation, management, marketing, promotion, and control of services

provided by the aforementioned behavioral healthcare facilities, including Defendant

Cumberland, and are profiting, substantially, from such activities. This action relates to and

arises out of the contacts created in the Commonwealth of Virginia by these Defendants.

44. Venue is proper in this Court pursuant to Va. Code § 8.01-262(1) and Va. Code §

8.01-262(2) because Defendants Davidow and Davidow, P.C. reside and have their principal

office in the City of Richmond and Defendants Cumberland; UHS of Delaware, Inc.; and UHS

Children Services, Inc. appointed an agent to receive process in the City of Richmond.

GENERAL ALLEGATIONS

45. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

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 46. UHS is a for-profit corporation that owns and operates for-profit hospitals and

health care facilities throughout Virginia and the United States.

47. UHS is a Fortune 500 Corporation with approximately $11.3 billion in annual

revenue that produced net income of more than $891 million in 2019.

48. UHS measures and calculates its profits and maintains statistics within two

separate divisions of the corporation: (1) Acute Care Division; and (2) Behavioral Health

Division.

49. UHS is the largest facility-based behavioral health provider in the country, with

its subsidiaries operating 349 behavior health facilities in the United States, Washington DC,

Puerto Rico, the U.S. Virgin Islands, and the United Kingdom.

50. At all times material and relevant herein, Defendants Cumberland and UHS

owned, occupied, operated, and maintained the premises located at 9407 Cumberland Road, New

Kent, Virginia 23124 and the approximately 110 bed residential treatment center and hospital

located thereon (hereinafter referred to as “Cumberland Hospital”).

51. Cumberland Hospital is licensed by the Virginia Department of Health (“VDH”)

to operate a “General Hospital” offering specialty hospital services for children and specialty

rehabilitation center services with 94 authorized acute care beds.

52. Cumberland Hospital is licensed by the Department of Behavioral Health and

Developmental Services (“DBHDS”) to operate a residential treatment facility for children at

Cumberland Hospital that was limited to 16 beds. Cumberland Hospital’s residential treatment

facility is commonly referred to as Cumberland Residential Treatment Center or Cumberland

RTC (hereinafter “RTC”).

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 53. The VDH and DBHDS licenses for Cumberland Hospital were issued to

Defendants Cumberland and UHS.

54. Cumberland Hospital is not licensed as an acute psychiatric inpatient hospital.

55. Cumberland Hospital is part of UHS’s Behavioral Health Division (“BHD”).

56. Providing enough staff to meet patients’ needs is an essential administrative

requirement for all hospitals and residential treatment centers.

57. Staffing levels must take into account patients’ risk of violence and suicide as

well as their medical needs.

58. Adequate and sufficient staffing levels vary between residential treatment centers,

general hospitals, and inpatient psychiatric hospitals. This is because the population served by a

facility or hospital impacts the staffing levels that are adequate and sufficient to protect the

patients from other residents/patients, third parties, staff, and themselves.

59. Inpatient psychiatric staffing tend to be higher than residential treatment centers

and general hospitals because of the risks presented by the population served.

60. UHS believes that staffing expenses are a key target for cutting costs to increase

profits.

61. From 2006 until 2016, facilities owned and operated by UHS were cited or

investigated for inadequate staffing violations on approximately ninety (90) occasions, including

Cumberland Hospital on at least one occasion.

62. Defendants UHS, Cumberland, Davidow, and Harden put pressure on doctors and

admissions staff to fill beds and to admit children at Cumberland Hospital even though these

Defendants knew the staffing levels at Cumberland Hospital were inadequate, that it would be

detrimental to the patients, that the patients created safety risks to other children admitted at

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Cumberland Hospital due to inadequate staffing and protection, that the patients would be in

danger due to inadequate staffing and protection, and that Cumberland Hospital could not

provide the appropriate care and protection to the patients.

63. Defendants UHS, Cumberland, Davidow, and Harden pressured and encouraged

doctors and staff to keep patients admitted to Cumberland Hospital for as long as the patients’

could pay, even when inpatient care or residential treatment was no longer medically necessary

or beneficial to the patients.

64. Defendants UHS, Cumberland, Davidow, and Harden encouraged unnecessary

admissions and excessive length of stay (LOS) with the specific purpose of increasing revenue.

65. Defendant UHS pressured Defendants Cumberland, Davidow, and Harden to

improve length of stay averages (i.e., keep patients at the facility longer) because UHS made the

most profit after the first five days of a patient’s admission.

66. Defendants UHS, Cumberland, Davidow, and Harden targeted patients for RTC

admissions as the easiest way to get a patient approved for a longer stay to increase revenue and

profits.

67. Defendants UHS, Cumberland, Davidow, and Harden made “bed-to-bed

transfers” for patients from the RTC to the general hospital units at Cumberland Hospital to

maintain a profitable “head-to-bed” ratio at the facility while capitalizing on the higher cost of

treatment associated with patients with primary diagnoses of mental illness, psychiatric

conditions, developmental disabilities, and/or other behavioral health conditions.

68. Defendants UHS, Cumberland, Davidow, and Harden made “bed-to-bed”

transfers from the RTC to the general hospital for patients with known mental illness, psychiatric

conditions, developmental disabilities, and/or other behavioral health conditions with the

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knowledge and understanding that doing so would create a danger for patients in the transferee

Units and for the patient being transferred. Nonetheless, these Defendants made these “bed-to-

bed” transfers to increase revenue and profits.

69. Defendants UHS, Cumberland, Davidow, and Harden made “bed-to-bed”

transfers from the RTC to the general hospital for patients with known mental illness, psychiatric

conditions, developmental disabilities, and/or other behavioral health conditions with the

knowledge and understanding that the staff was inadequate in numbers, experience, and training

to protect and care for the patients. Nonetheless, these Defendants made these “bed-to-bed”

transfers to increase revenue and profits.

70. Defendants UHS, Cumberland, Davidow, and Harden constantly pressured staff

to change the primary diagnoses of patients, chart aggressive or sexually aggressive precautions

in the patients’ records, and otherwise make fraudulent and materially false statements in

medical records to justify longer stay and higher costs associated with their stays at Cumberland

Hospital in an effort to increase revenue and profits.

71. If a patient’s parent or guardian would not consent to admission or question

changes to the medical records, the staff at Cumberland Hospital would threaten to call the police

and the Virginia Department of Child Protective Services (CPS) to force parents to admit their

child to Cumberland Hospital and silence them from making reports or questioning decisions

made by Defendants UHS, Cumberland, Davidow, and Harden.

72. At all times material and relevant herein, Defendants UHS, Cumberland,

Davidow, and Harden made materially false statements about Cumberland Hospital to, and

withheld material information from, the VDH and DBHDS with the intent to deceive including,

but not limited to, materially false statements made to the VDH on annual renewal forms that

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identified Cumberland Hospital as a pediatric hospital that was not providing psychiatric services

and materially false statements made to the DBHDS that Cumberland Hospital was limiting its

residential treatment services of children and adolescents to 16 beds (i.e., 16 patients/residents)

when in fact Cumberland Hospital was attempting to provide services (as defined by Va. Code §

37.2-403) to far more than 16 patients/residents.

73. At all times material and relevant herein, Cumberland Hospital admitted and

attempted to serve hundreds (if not thousands) of children and adolescents, including the

Plaintiffs, without appropriate and necessary licenses from the DBHDS and VDH.

74. At all times relevant herein, Cumberland Hospital knowingly, fraudulently, and

with the intent to deceive the public, including the Plaintiffs and their parents and guardians, held

itself out as a properly and appropriately licensed hospital providing inpatient psychiatric

services, residential behavioral health services for children and adolescents with mental illness or

developmental disabilities (autism), and chronic, complex medical problems.

75. Defendants knowingly made false statements in marketing and advertising

material for Cumberland Hospital with the intent to deceive the public, including the Plaintiffs

and their parents and guardians, that described the facility as a “unique program based around a

rehab model to help kids that have a medical problem that is complicated by a psychiatric,

behavioral, or an emotional concern” 1 when, in fact, the facility was not licensed, staffed,

equipped, or prepared to provide psychiatric care or behavioral care to all patients/residents at

the facility.

76. Defendants knowingly made false statements in marketing and advertising

material for Cumberland Hospital with the intent to deceive the public, including the Plaintiffs

1
https://www.youtube.com/watch?v=-bnjhXXvhig

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and their parents and guardians, that described the facility as “a medical facility first, behavioral

secondary”2 when, in fact, a majority of individuals at Cumberland Hospital had a primary

diagnosis of mental illness and/or developmental disability and the primary reason for admission

to Cumberland Hospital was directly related to the individuals’ mental illnesses and/or

developmental disabilities rather than chronic health conditions.

77. As a condition of admission to Cumberland Hospital, Defendants UHS and

Cumberland required that all patients, including the Plaintiffs, read and acknowledge their

review of their “Patient/Resident Rights.” Exhibit A.

78. In their notice of “Patient/Resident Rights,” Defendants UHS and Cumberland

affirmed and informed the Plaintiffs that, while a patient and resident at Cumberland Hospital,

the Plaintiffs had the right “to be treated with dignity and respect” and “to a safe, sanitary and

humane environment.” Exhibit A.

79. Defendants UHS and Cumberland stated that the Plaintiffs had a right to receive

treatment in the least restrictive treatment environment that was appropriate for their treatment

plan, and that they “would not be placed in seclusion unless it is determined that such restrictions

are necessary to protect” them or others from harm. Exhibit A.

80. Patients or their parents/guardians, including the Plaintiffs herein, were required

to sign an “Acknowledgement of Rights” prior to admission to Cumberland Hospital. Exhibit B.

81. As a condition of admission to Cumberland Hospital, Defendants UHS and

Cumberland required that all patients, including the Plaintiffs, read and acknowledge a “Patient

Behavior Statement.” Exhibit C.

82. The “Patient Behavior Statement” explained that:

2
Id.

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 There are rules at Cumberland, just like the rules of society. Aggressive or
sexual behavior is never appropriate in a hospital setting. Should a patient
violate rules, there will be a loss of privileges or other form of
consequence determined by the treatment process planned for that
particular patient.

83. As a condition of admission to Cumberland Hospital, Defendants UHS and

Cumberland required that all patients, including the Plaintiffs, acknowledge that they read and

understood Cumberland Hospital’s “Seclusion and Restraint Philosophy and Family

Notification.” Exhibit D.

84. The “Seclusion and Restraint Philosophy and Family Notification” explained that

“leadership of Cumberland strives to minimize the use of seclusion or restraint and whenever

possible to eliminate its use, through proper staff training, thorough assessment, effective

treatment planning and continuous quality improvement efforts throughout the institution.”

85. Contrary to the statements contained in Cumberland Hospital’s “Patient/Resident

Rights,” the Plaintiffs were not provided a safe, sanitary, or humane environment or treated with

dignity and respect by Defendants UHS, Cumberland, Davidow, or Harden.

86. In fact, Defendants UHS, Cumberland, Davidow, and Harden operated an unsafe

facility that subjected the patients, including the Plaintiffs, to constant threats to their basic

safety, devoid of fundamental sanitation or humanity.

87. As is further described infra, the Plaintiffs and other patients at Cumberland

Hospital were repeatedly sexually abused; physically abused; forced to urinate in their bedrooms

or in cups stored in their bedrooms; forced to sleep and reside in rooms covered in skin particles

and scabs that were picked by prior residents; and forced to sleep on beds with sheets that were

rarely, if ever, changed.

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 88. Contrary to the statements contained in Cumberland Hospital’s “Patient Behavior

Statement,” the rules of society did not apply at Cumberland Hospital because Defendants UHS,

Cumberland, Davidow, and Harden chose not to enforce common rules of society.

89. As is further described infra, the Plaintiffs were repeatedly sexually abused and

physically abused by fellow residents and staff members and their assailants, including Davidow

and Harden, suffered no consequences.

90. In fact, Defendants UHS, Cumberland, Davidow, and Harden trained and

instructed staff that they should “never call 911” regardless of the incident or allegation taking

place at Cumberland Hospital.

91. Defendants UHS and Cumberland implemented policies and protocols at

Cumberland Hospital to limit and prevent to reporting of sexual abuse, physical abuse, and other

harmful actions to authorities.

92. Defendants UHS, Cumberland, Davidow, and Harden instructed staff to handle all

allegations and accusations of sexual abuse and physical abuse internally without involvement of

outside authorities.

93. Contrary to Cumberland Hospital’s “Seclusion and Restraint Philosophy and

Family Notification,” the Defendants UHS, Cumberland, Davidow, and Harden frequently used

physical restraints and seclusion to coerce, discipline, and retaliate against patients, including the

Plaintiffs.

94. Nurses and other staff members at Cumberland Hospital who were agents,

employees, and servants of UHS and Cumberland frequently and routinely used physical

restraints and seclusion for patients, including the Plaintiffs, as a matter of ease and convenience

because staffing numbers and ratios were inadequate.

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 95. In the event of a possible incident or event involving physical abuse or sexual

abuse of patients, defendants UHS, Cumberland, Davidow, and Harden instructed staff to inform

the parents of the patients involved that the appropriate investigations and measures were being

taken internally, and that the allegations or accusations had been reported to the appropriate

authorities, even though staff was under clear instruction not to report the accusations to

authorities and the staff had not reported the allegations or accusations to external authorities.

Daniel N. Davidow

96. Defendant Davidow is a medical doctor holding himself out as a pediatric

specialist.

97. Defendant Davidow served as the Medical Director for Cumberland Hospital

from 1996 until he was placed on administrative leave by Cumberland Hospital in 2020.

98. During his time at Cumberland Hospital, Defendant Davidow was primarily

responsible for patient admissions.

99. Defendant Davidow often traveled to children’s hospitals across the United States

to develop relationships with referring providers and to solicit potential patients to Cumberland

Hospital.

100. Defendant Davidow was involved in the admission of practically all the patients

at Cumberland Hospital, including the Plaintiffs.

101. As part of his admission process, Defendant Davidow performed an admission

exam on patients.

102. Defendant Davidow’s admission exam varied depending on the gender and/or sex

of the patient being admitted.

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 103. For female patients, Defendant Davidow insisted that the examination was

performed in private without parents or guardians of the patient present.

104. For female patients, Defendant Davidow fraudulently stated he needed to check

the patients' femoral pulse to coerce the patients’ compliance with his demands. Defendant

Davidow would then place his hand beneath the patients’ undergarments and sexually abuse the

patients by intentionally touching the patients’ intimate parts.

105. Upon information and belief, Defendant Davidow began sexually abusing female

patients at Cumberland Hospital under substantially similar circumstances as those described

supra soon after he was hired as a physician at Cumberland Hospital in 1996.

106. Multiple patients at Cumberland Hospital reported sexual abuse at the hands of

Defendant Davidow to nurses, staff, therapists, counselors, psychiatrists, and other agents,

employees, and servants of the Defendants, including Defendant Harden, from 1996 until

Davidow was placed on administrative leave in February 2020.

107. Defendants knew or should have known Defendant Davidow was sexually

abusing female patients on a week-to-week basis, but did not report the sexual abuse to the

appropriate authorities on every occasion.

108. On or about April 7, 2017, a College of William & Mary graduate student

interning at Cumberland Hospital reported to the New Kent County Department of Social

Services that five female patients at Cumberland Hospital were victims of sexual abuse and that

Defendant Davidow was the perpetrator of the sexual abuse.

109. At or about the same time in April 2017, New Kent County’s Sheriff’s Office

(“NKCSO”) began an investigation into Defendant Davidow and allegations of sexual abuse.

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 110. As part of its investigation, NKCSO interviewed the reporting graduate student

who explained that, during a group therapy session, several girls began discussing Defendant

Davidow’s “magical touch,” and, when asked to elaborate, the patients explained Defendant

Davidow touched their vaginas while “checking their pulse” during the admissions process and

that Defendant Davidow would also check their pulse under their breasts and would play with

their hair during the physical by twirling it around his fingers.

111. As part of its investigation, NKCSO interviewed a psychotherapist at Cumberland

Hospital who was, at all times relevant herein, an agent, employee, and servant of the Defendants

UHS and Cumberland Hospital.

112. During his interview, the Cumberland psychotherapist explained that the graduate

student raised his concerns about Defendant Davidow’s sexual abuse of patients to him before

reporting it to Social Services. The psychotherapist then explained that he previously made a

similar complaint and reported a similar accusation against Defendant Davidow to his supervisor

Michael Swain. The psychotherapist explained that he previously polled a group of female

patients to determine how many patients experienced the same or similar sexual abuse and that

eleven of twelve patients reported Defendant Davidow sexually abused them in the same or very

similar manner. He further explained that he polled a group of male patients to determine

whether Defendant Davidow checked their femoral pulses during the intake exam. All male

patients stated Defendant Davidow checked their pulse at their wrist only.

113. Subsequently, Cumberland Hospital and Davidow provided pretext for Davidow’s

sexual abuse to NKCSO and no charges were brought against Defendant Davidow.

20
 114. All Defendants knew of the NKCSO investigation and accusations against

Defendant Davidow, and knew or should have known the accusations were in fact true and

constituted sexual abuse.

115. At all times material and relevant herein, Defendants knew or should have known

Defendant Davidow presented an imminent danger to vulnerable children and patients, including

the Plaintiffs herein.

116. Davidow’s inappropriate and pedophilic behaviors, including his sexual abuse of

female patients as described herein, were common knowledge among agents, employees, and

servants of UHS and Cumberland at Cumberland Hospital as well as executives of these

Defendants (including Cumberland Hospital longtime CEO Gay Brooks) and other persons with

the authority to modify his agency and employment with the Defendants, modify his

involvement with the patients at Cumberland Hospital, or fire him.

K.E.E.

117. Plaintiff K.E.E. arrived at Cumberland Hospital in March 2008 as a minor for

treatment related to a diabetes diagnosis.

118. At all times material and relevant herein, K.E.E. was a vulnerable individual

under the custody and control of Defendant Cumberland and PSI.

119. In or about March 2008, during K.E.E.’s admission process at Cumberland

Hospital, Defendant Davidow took her into a private room with another Cumberland Hospital

staff member present, closed the door, told her that he was going to check for her femoral pulse,

reached down her pants, and sexually abused K.E.E.

120. Throughout her stay at Cumberland Hospital, Defendant Davidow would rub

K.E.E.’s legs and twirl her hair during meetings.

21
 121. Throughout K.E.E.’s stay at Cumberland Hospital, Defendants Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendant Cumberland made

materially false statements in reports and records about her progress, precautions, and diagnoses

with the intent to deceive and cause further harm to K.E.E. by prolonging her stay, thus

increasing the revenue and profits of PSI and Cumberland.

122. K.E.E. discharged from Cumberland Hospital in or about July 2008.

M.J.M.

123. Plaintiff M.J.M. arrived at Cumberland Hospital on or about August 22, 2012 as a

minor diagnosed with an eating disorder and suicidal behavior.

124. At all times material and relevant herein, M.J.M. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

125. On or about August 22, 2012, during M.J.M.’s admission process at Cumberland

Hospital, Defendant Davidow took her into a private room with another Cumberland Hospital

staff member present, closed the door, told her that he was going to check for her femoral pulse,

reached down her pants, and sexually abused M.J.M.

126. While at Cumberland Hospital, a male resident gained access to M.J.M.’s

bedroom at night without interruption or intervention from staff, sexually battered and abused

her by groping and fondling her intimate body parts. M.J.M. called out for help, but staff did not

respond.

127. Later, M.J.M. reported the aforementioned sexual battery and abuse to staff at

Cumberland Hospital who were agents, employees, and servants of Cumberland and UHS, but

no changes were made in her individualized plan or otherwise to protect her.

22
 128. On a separate date and time after M.J.M. reported the first incident of sexual

abuse and battery, the same male resident gained access to M.J.M.’s bedroom at night without

interruption or intervention from staff, sexually battered and abused her by groping and fondling

her intimate body parts.

129. Throughout her stay at Cumberland Hospital, M.J.M.’s resident roommate

physically abused her and, despite repeated requests that a change be made for her safety, she

continued to experience physical assaults and abuse from the same roommate until she was

moved from her unit.

130. Throughout M.J.M.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses with the intent to deceive and cause further harm to M.J.M. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

131. M.J.M discharged from Cumberland Hospital on or about December 20, 2012.

M.M.A.

132. Plaintiff M.M.A. arrived at Cumberland Hospital on or about July 31, 2014 as a

minor.

133. At all times material and relevant herein, M.M.A. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

134. On or about July 31, 2014, during M.M.A.’s admission process at Cumberland

Hospital, Defendant Davidow took her into a private room with another Cumberland Hospital

staff member present, closed the door, told her that he was going to check for her femoral pulse,

reached down her pants, and sexually abused M.M.A.

23
 135. Throughout M.M.A.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses with the intent to deceive and cause further harm to M.M.A. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

136. M.M.A. discharged from Cumberland Hospital on or about January 17, 2015.

S.M.F.

137. Plaintiff S.M.F. arrived at Cumberland Hospital on or about August 25, 2014 as a

minor.

138. At all times material and relevant herein, S.M.F. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

139. On or about August 25, 2014, during S.M.F.’s admission process at Cumberland

Hospital, Defendant Davidow took her into a private room with another Cumberland Hospital

staff member present, closed the door, told her that he was going to check for her femoral pulse,

reached down her pants, and sexually abused S.M.F.

140. Throughout S.M.F.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses with the intent to deceive and cause further harm to S.M.F. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

141. S.M.F. discharged from Cumberland Hospital on or about December 19, 2014.

24
 A.C.J.

142. Plaintiff A.C.J. arrived at Cumberland Hospital on or about September 17, 2014

as a minor.

143. At all times material and relevant herein, A.C.J. was a vulnerable individual under

the custody and control of Defendants UHS and Cumberland.

144. On or about September 17, 2014, during A.C.J.’s admission process at

Cumberland Hospital, Defendant Davidow took her into a private room with another

Cumberland Hospital staff member present, closed the door, told her that he was going to check

for her femoral pulse, reached down her pants, and sexually abused A.C.J.

145. A.C.J. reported her sexual abuse to Jennifer Rice, PsyD, an agent, employee, and

servant of Defendants UHS and Cumberland. In response, Rice insinuated and stated that she

was aware of Davidow’s actions and that it was okay.

146. A.C.J. went on to report the sexual abuse to other nurses and staff members at

Cumberland Hospital, all of whom were agents, employees, and servants of UHS and

Cumberland, but no reports were made to criminal or regulatory authorities about her sexual

abuse.

147. Throughout her stay at Cumberland Hospital, Defendant Davidow would rub

A.C.J.’s legs and twirl her hair during meetings.

148. Throughout A.C.J.’s stay at Cumberland Hospital, Defendants UHS, Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendants UHS and

Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses with the intent to deceive and cause further harm to A.C.J. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

25
 149. A.C.J. discharged from Cumberland Hospital in or about February 25, 2015.

J.E.H.

150. Plaintiff J.E.H. arrived at Cumberland Hospital in or about September 2015 as a

minor for treatment related to an eating disorder.

151. At all times material and relevant herein, J.E.H. was a vulnerable individual under

the custody and control of Defendants UHS and Cumberland.

152. In or about September 2015, during J.E.H.’s admission process at Cumberland

Hospital, Defendant Davidow took her into a private room with another Cumberland Hospital

staff member present, closed the door, told her that he was going to check for her femoral pulse,

reached down her pants, and sexually abused J.E.H.

153. Throughout her stay at Cumberland Hospital, Defendant Davidow would rub

J.E.H.’s legs and twirl her hair during meetings.

154. J.E.H. complained of the aforementioned sexual abuse and batteries to Jennifer

Rice, PsyD, an agent, employee, and servant of UHS and Cumberland Hospital. In response, Ms.

Rice gave J.E.H. recommendations and “tips” about performing sexual acts on Defendant

Davidow to earn better treatment from him.

155. Throughout J.E.H.’s stay at Cumberland Hospital, Defendants UHS, Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendants UHS and

Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses with the intent to deceive and cause further harm to J.E.H. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

156. J.E.H. discharged from Cumberland Hospital in or about June 2016.

26
 S.K.P.

157. Plaintiff S.K.P. arrived at Cumberland Hospital in or about March 2016 as a

minor.

158. At all times material and relevant herein, S.K.P. was a vulnerable individual under

the custody and control of Defendants UHS and Cumberland.

159. While at Cumberland Hospital, S.K.P. was sexually battered, assaulted, and

abused by a female resident.

160. Upon information and belief, S.K.P.’s assailant was on a sexual predatory

precaution that required her to be in the staff’s line of sight at all times, day and night.

161. On more than one occasion, S.K.P.’s assailant gained access to her bedroom at

night without staff intervention or interruption and sexually assaulted, battered, and abused

S.K.P. by groping and fondling her intimate body parts.

162. After the first incident, S.K.P. reported her assailant and her assailant’s actions to

agents, employees, and servants of Cumberland Hospital, but no remedial action was taken to

protect S.K.P. from further sexual assault, battery, and abuse.

163. Throughout S.K.P.’s stay at Cumberland Hospital, Defendants UHS, Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendants UHS and

Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses with the intent to deceive and cause further harm to S.K.P. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

164. S.K.P. discharged from Cumberland Hospital in or about September 2017.

27
 C.L.K.

165. Plaintiff C.L.K. arrived at Cumberland Hospital in or about April 2016 as a

minor.

166. At all times material and relevant herein, C.L.K. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

167. In or about April 2016, during C.L.K.’s admission process at Cumberland

Hospital, Defendant Davidow took her into a private room with another Cumberland Hospital

staff member present, closed the door, told her that he was going to check for her femoral pulse,

reached down her pants, and sexually abused C.L.K.

168. Throughout her stay at Cumberland Hospital, Defendant Davidow would rub

C.L.K.’s legs, back, shoulders, and twirl her hair during meetings.

169. Throughout C.L.K.’s stay at Cumberland Hospital, Davidow and other agents,

employees, and servants of Defendants UHS and Cumberland made materially false statements

to C.L.K.’s mother and guardian, A.C.K., and the New York Department of Social Services that

C.L.K. was attempting to commit suicide and other materially false statements about her

progress while at Cumberland Hospital with the intent to deceive and cause further harm to

C.L.K. by prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

170. C.L.K. discharged from Cumberland Hospital in or about July 2016.

H.G.B.

171. Plaintiff H.G.B. arrived at Cumberland Hospital on or about January 3, 2017 as a

minor.

172. At all times material and relevant herein, H.G.B. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

28
 173. During his stay at Cumberland Hospital, an older resident gained access to

H.G.B.’s bedroom without interruption and intervention from staff and sexually abused H.G.B.

by forcing H.B.G. to perform oral sex on the older resident and forcibly sodomizing H.G.B.

174. H.G.B. reported the aforementioned sexual abuse to a nurse at Cumberland

Hospital who was an agent, employee, and servant of UHS and Cumberland. In response, the

nurse told H.G.B. that “it will be fine.”

175. H.G.B. was sexually abused on a second occasion in a similar manner by the

same older resident.

176. Upon information and belief, H.G.B.’s assailant had a history of sexually

pervasive and aggressive behavior and should not have been placed in or around patients with

the vulnerabilities similar to H.G.B., but, because of inadequate staffing and safety precautions in

place at Cumberland Hospital, H.G.B.’s assailant was given unfettered access to vulnerable

minors.

177. On at least one occasion, Defendant Harden physically battered H.G.B. by

smacking him across the face with an open palm causing H.G.B. to suffer injury and fall on the

floor.

178. Upon information and belief, H.G.B. was not the first patient at Cumberland

Hospital to suffer physical battery or abuse at the hands of Harden.

179. Upon information and belief, it was common knowledge within Cumberland

Hospital and within Defendants UHS and Cumberland that Harden was aggressive with patients

and possessed dangerous propensities that posed a significant risk of injury and harm to patients

at Cumberland Hospital.

29
 180. Throughout H.G.B.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about his progress,

precautions, and diagnoses with the intent to deceive and cause further harm to H.G.B. by

prolonging his stay, thus increasing the revenue and profits of UHS and Cumberland.

181. H.G.B. discharged from Cumberland Hospital on or about May 23, 2017.

B.C.P.

182. Plaintiff B.C.P. arrived at Cumberland Hospital on or about September 6, 2017.

183. At all times material and relevant herein, B.C.P. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

184. Upon information and belief, B.C.P. was a victim of physical battery and physical

abuse at the hands of agents, employees, and servants of Defendants UHS and Cumberland and

at the hands of other residents on multiple occasions throughout his stay at Cumberland Hospital.

185. Throughout B.C.P.’s stay at Cumberland Hospital, Defendants UHS, Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendants UHS and

Cumberland made materially false statements in reports and records about his progress,

precautions, and diagnoses with the intent to deceive and cause further harm to B.C.P. by

prolonging his stay, thus increasing the revenue and profits of UHS and Cumberland.

186. B.C.P. discharged from Cumberland Hospital on or about September 22, 2017.

K.M.J.

187. Plaintiff K.M.J. arrived at Cumberland Hospital on or about October 17, 2017 as a

minor.

30
 188. At all times material and relevant herein, K.M.J. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

189. On or about October 17, 2017, during K.M.J.’s admission process at Cumberland

Hospital, Defendant Davidow took her into a private room with another Cumberland Hospital

staff member present, the other staff member then left the room, Davidow closed the door, told

K.M.J. that he was going to check for her femoral pulse, took his gloves off, reached down her

pants, and sexually penetrated and abused K.M.J.

190. Defendant Davidow sexually penetrated and abused K.M.J. on at least eight

separate occasions after October 17, 2017 in the examination room without other staff members

present. Staff members were asked by Davidow to transport K.M.J. to the examination room

while in her wheelchair, which they did, and then left her alone with Davidow.

191. On at least two occasions, Defendant Davidow sexually penetrated and abused

K.M.J. in her bedroom.

192. Throughout her stay at Cumberland Hospital, Defendant Davidow would rub

K.M.J.’s legs, back, shoulders, and twirl her hair during meetings.

193. Throughout K.M.J.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses with the intent to deceive and cause further harm to K.M.J. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

194. K.M.J. discharged from Cumberland Hospital on or about December 1, 2017.

D.T.A.

195. Plaintiff D.T.A. arrived at Cumberland Hospital on or about August 20, 2018.

31
 196. At all times material and relevant herein, D.T.A. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

197. Prior to D.T.A.’s admission, agents, employees, and servants of Defendants UHS

and Cumberland told D.T.A.’s parents that Cumberland Hospital was a complete hospital with a

full service of psychiatric and medical care, a full nursing staff, and physicians who were always

on call or at the hospital when these agents, employees, and servants knew that Cumberland

Hospital was not licensed to provide full service of psychiatric care, that Cumberland Hospital

was understaffed with nurses, and that physicians were not always on call or at the hospital.

These agents, employees, and servants made these materially false statements to deceive and

persuade D.T.A.’s parents to admit him to Cumberland Hospital.

198. Within the first week or so of D.T.A.’s stay at Cumberland Hospital, a staff

member, agent, employee, and servant of Defendants UHS and Cumberland, physically battered

and abused D.T.A. by dragging him out of bed and throwing him on the floor.

199. Throughout his stay at Cumberland Hospital, staff members would pick D.T.A.

out of his wheelchair and throw him into the shower, knowing full well that D.T.A. was not able

to physically brace himself to avoid injury.

200. On more than one occasion, agents, employees, and servants of Defendants UHS

and Cumberland at Cumberland Hospital forcibly removed D.T.A. from his bed, threw him on

the floor, removed his mattress, and forced him to sleep on the floor of his bedroom because he

was incontinent and would wet his bed on occasion.

201. D.T.A. was a victim of physical battery and physical abuse at the hands of agents,

employees, and servants of Defendants UHS and Cumberland and at the hands of other residents

on multiple occasions throughout his stay at Cumberland Hospital.

32
 202. Throughout D.T.A.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about his progress,

precautions, and diagnoses with the intent to deceive and cause further harm to D.T.A. by

prolonging his stay, thus increasing the revenue and profits of UHS and Cumberland.

203. D.T.A. discharged from Cumberland Hospital on or about December 14, 2018.

K.A.M.

204. Plaintiff K.A.M. arrived at Cumberland Hospital on or about October 23, 2018 as

a minor.

205. At all times material and relevant herein, K.A.M. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

206. On or about October 23, 2018, during K.A.M.’s admission process at Cumberland

Hospital, Defendant Davidow took her into a private room with another Cumberland Hospital

staff member present, closed the door, told her that he was going to check for her femoral pulse,

reached down her pants, and sexually abused K.A.M.

207. K.A.M. reported the sexual abuse to her mother and guardian S.M.M. who

reported it to Cumberland Hospital and agents, employees, and servants of Defendants UHS and

Cumberland.

208. Throughout K.A.M.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses with the intent to deceive and cause further harm to K.A.M. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

33
 209. K.A.M. discharged from Cumberland Hospital on or about May 20, 2019.

210. On or about October 13, 2019, S.M.M. reported the aforementioned sexual abuse

of her daughter, K.A.M., at the hands of Davidow to the New Kent County Sheriff’s Office.

211. K.A.M. was re-admitted at Cumberland Hospital on or about October 14, 2019

and remains a resident at Cumberland Hospital against her will and against the will of her parent

and guardian S.M.M.

212. Throughout K.A.M.’s current stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about her progress,

precautions, and diagnoses to S.M.M. and North Carolina Child Protective Services with the

intent to deceive and cause further harm to K.A.M. by prolonging her stay, thus increasing the

revenue and profits of UHS and Cumberland.

A.J.S.

213. Plaintiff A.J.S. arrived at Cumberland Hospital on or about October 30, 2018 as a

minor.

214. At all times material and relevant herein, A.J.S. was a vulnerable individual under

the custody and control of Defendants UHS and Cumberland.

215. At A.J.S.’s admissions appointment, Defendant Davidow took her into a private

room with another Cumberland Hospital staff member present, closed the door, told her that he

was going to check for her femoral pulse, reached down her pants, and sexually abused A.J.S.

216. Throughout A.J.S.’s stay at Cumberland Hospital, Defendants UHS, Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendants UHS and

Cumberland made materially false statements in reports and records about her progress,

34
precautions, and diagnoses with the intent to deceive and cause further harm to A.J.S. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

217. A.J.S. discharged from Cumberland Hospital on or about January 3, 2019.

J.L.K.

218. Plaintiff J.L.K. arrived at Cumberland Hospital on or about November 5, 2018.

219. At all times material and relevant herein, J.L.K. was a vulnerable individual under

the custody and control of Defendants UHS and Cumberland.

220. At J.L.K.’s admissions appointment, Defendant Davidow took her into a private

room with another Cumberland Hospital staff member present, closed the door, told her that he

was going to check for her femoral pulse, reached down her pants, and sexually abused J.L.K.

221. During her stay at Cumberland Hospital, an agent, employee, and servant of UHS

and Cumberland, and staff member at Cumberland Hospital, sexually penetrated, abused, and

battered J.L.K.

222. Upon information and belief, Defendant Davidow sexually abused and battered

J.L.K. by touching her intimate body parts on more than one occasion and physically abused and

assaulted J.L.K. by striking her with a belt when she would not “behave.”

223. Throughout her stay at Cumberland Hospital, J.L.K. suffered physical abuse and

physical batteries at the hands of residents outside the supervision of staff and without

intervention or interruption.

224. Throughout J.L.K.’s stay at Cumberland Hospital, Defendants UHS, Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendants UHS and

Cumberland made materially false statements in reports and records about her progress,

35
precautions, and diagnoses with the intent to deceive and cause further harm to J.L.K. by

prolonging her stay, thus increasing the revenue and profits of UHS and Cumberland.

225. J.L.K. discharged from Cumberland Hospital on or about August 6, 2019.

K.E.H.

226. Plaintiff K.E.H. arrived at Cumberland Hospital on or about January 29, 2019.

227. At all times material and relevant herein, K.E.H. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

228. K.E.H. was a victim of physical battery and physical abuse at the hands of agents,

employees, and servants of Defendants UHS and Cumberland and at the hands of other residents

on multiple occasions throughout his stay at Cumberland Hospital.

229. Throughout K.E.H.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about his progress,

precautions, and diagnoses with the intent to deceive and cause further harm to K.E.H. by

prolonging his stay, thus increasing the revenue and profits of UHS and Cumberland.

230. K.E.H. discharged from Cumberland Hospital on or about February 2, 2019.

C.T.K.

231. Plaintiff C.T.K. arrived at Cumberland Hospital on or about May 12, 2019.

232. At all times material and relevant herein, C.T.K. was a vulnerable individual

under the custody and control of Defendants UHS and Cumberland.

233. On more than one occasion, a female Cumberland Hospital staff member who

was an agent, employee, and servant of Defendants UHS and Cumberland sexually battered and

abused C.T.K.

36
 234. C.T.K. was a victim of physical battery and physical abuse at the hands of agents,

employees, and servants of Defendants UHS and Cumberland and at the hands of other residents

on multiple occasions throughout his stay at Cumberland Hospital.

235. On more than one occasion, staff members at Cumberland Hospital who were

agents, employees, and servants of Defendants UHS and Cumberland physically battered and

abused C.L.K. by striking him with closed fists, throwing him on the floor, and dragging him

across the facility.

236. Throughout C.T.K.’s stay at Cumberland Hospital, Defendants UHS,

Cumberland, Davidow, Harden, and other agents, employees, and servants of Defendants UHS

and Cumberland made materially false statements in reports and records about his progress,

precautions, and diagnoses with the intent to deceive and cause further harm to C.T.K. by

prolonging his stay, thus increasing the revenue and profits of UHS and Cumberland.

237. C.T.K. discharged from Cumberland Hospital on or about August 6, 2019.

J.A.H.

238. Plaintiff J.A.H. arrived at Cumberland Hospital on or about June 22, 2019.

239. At all times material and relevant herein, J.A.H. was a vulnerable individual under

the custody and control of Defendants UHS and Cumberland.

240. On or about September 14, 2019, a staff member at Cumberland Hospital who

was an agent, employee, and servant of Defendants UHS and Cumberland intentionally,

physically battered and abused J.A.H. by pouring scalding hot water on his chest causing severe

burn injuries.

241. After the aforementioned battery and abuse resulting in a burn injury, staff at

Cumberland Hospital intentionally made materially false statements to J.A.H.’s mother stating he

37
broke out in a rash from medication when, in fact, J.A.H. suffered a burn injury as a result of the

intentional actions of a staff member.

242. Days later, staff at Cumberland Hospital told J.A.H.’s mother that he suffered a

burn injury in the shower. Again, these materially false statements were made by agents,

employees, and servants of UHS and Cumberland with knowledge of the falsity of the statements

and with the intent to deceive.

243. Approximately one month later, Matt Wiggins, the Director of Risk Management

for Cumberland Hospital who was an agent, employee, and servant of UHS and Cumberland,

called J.A.H.’s mother informing her that a staff member was seen on video going to the

breakroom, heating up water, taking the heated water to J.A.H., and pouring the hot water on

J.A.H. multiple times causing injury to J.A.H.

244. Upon information and belief, J.A.H. was a victim of physical battery and physical

abuse at the hands of agents, employees, and servants of Defendants UHS and Cumberland and

at the hands of other residents on multiple occasions throughout his stay at Cumberland Hospital.

245. Throughout J.A.H.’s stay at Cumberland Hospital, Defendants UHS, Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendants UHS and

Cumberland made materially false statements in reports and records about his progress,

precautions, and diagnoses with the intent to deceive and cause further harm to J.A.H. by

prolonging his stay, thus increasing the revenue and profits of UHS and Cumberland.

246. J.A.H. discharged from Cumberland Hospital on or about November 22, 2019.

M.M.

247. Plaintiff M.M. arrived at Cumberland Hospital in or about October 2019.

38
 248. At all times material and relevant herein, M.M. was a vulnerable individual under

the custody and control of Defendants UHS and Cumberland.

249. On more than one occasion, a resident gained access to M.M.’s bedroom at night

without interruption or intervention from staff, sexually battered and abused him by groping his

intimate parts and kissing him.

250. M.M. was a victim of physical battery and physical abuse at the hands of agents,

employees, and servants of Defendants UHS and Cumberland and at the hands of other residents

on multiple occasions throughout his stay at Cumberland Hospital.

251. Throughout M.M.’s stay at Cumberland Hospital, Defendants UHS, Cumberland,

Davidow, Harden, and other agents, employees, and servants of Defendants UHS and

Cumberland made materially false statements in reports and records about his progress,

precautions, and diagnoses with the intent to deceive and cause further harm to M.M. by

prolonging his stay, thus increasing the revenue and profits of UHS and Cumberland.

252. M.M. discharged from Cumberland Hospital on or about June 10, 2020.

COUNT I

ASSAULT AND BATTERY

Plaintiffs K.E.E.; M.J.M; M.M.A.; S.M.F.; A.C.J.; J.E.H.; C.L.K.; K.M.J.; K.A.M.; A.J.S.;
and J.L.K v. Defendant Daniel N. Davidow

Plaintiff H.G.B. v. Defendant Harden

253. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

39
 254. The acts committed by Defendant Davidow against Plaintiffs K.E.E., M.J.M,

M.M.A., S.M.F., A.C.J., J.E.H., C.L.K., K.M.J., K.A.M., A.J.S., and J.L.K described herein

constitute assault and battery, actionable under Virginia law.

255. Defendant Davidow committed nonconsensual sexual acts against Plaintiffs

K.E.E., M.J.M, M.M.A., S.M.F., A.C.J., J.E.H., C.L.K., K.M.J., K.A.M., A.J.S., and J.L.K that

resulted in harmful or offensive contact with the bodies of these Plaintiffs.

256. Specifically, Defendant Davidow committed acts which caused injury to Plaintiffs

K.E.E., M.J.M, M.M.A., S.M.F., A.C.J., J.E.H., C.L.K., K.M.J., K.A.M., A.J.S., and J.L.K by

subjecting them to imminent battery and/or intentional invasions of their rights to be free from

offensive and harmful contact, and said conduct demonstrated that Defendant Davidow had a

present ability to subject Plaintiffs to an immediate, intentional, offensive and harmful touching.

257. Defendant Davidow assaulted and battered Plaintiffs K.E.E., M.J.M, M.M.A.,

S.M.F., A.C.J., J.E.H., C.L.K., K.M.J., K.A.M., A.J.S., and J.L.K by nonconsensual and

unwanted touching.

258. Plaintiffs K.E.E., M.J.M, M.M.A., S.M.F., A.C.J., J.E.H., C.L.K., K.M.J.,

K.A.M., A.J.S., and J.L.K did not consent to the contact by Defendant Davidow, which caused

injury, damage, loss, and/or harm.

259. Defendant Harden assaulted and battered Plaintiff H.G.B. by nonconsensual and

unwanted touching.

260. Plaintiff H.G.B. did not consent to the contact by Defendant Harden, which

caused injury, damage, loss, and/or harm.

261. As a direct and/or proximate result of Defendant Davidow's actions, Plaintiffs

K.E.E., M.J.M, M.M.A., S.M.F., A.C.J., J.E.H., C.L.K., K.M.J., K.A.M., A.J.S., and J.L.K have

40
suffered and continue to suffer pain and suffering, pain of mind and body, shock, emotional

distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem,

disgrace, fright, grief, humiliation, loss of enjoyment of life, post-traumatic stress disorder

resulting in physically manifested injuries including anxiety, depressions, sleep disorders,

physical and mental sickness, nightmares, psychological injuries, and bodily injuries. Plaintiffs

K.E.E., M.J.M, M.M.A., S.M.F., A.C.J., J.E.H., C.L.K., K.M.J., K.A.M., A.J.S., and J.L.K were

prevented and will continue to be prevented from performing their daily activities and obtaining

the full enjoyment of life, and have sustained and continue to sustain loss of earnings and earning

capacity.

262. As a direct and/or proximate result of Defendant Harden’s actions, Plaintiff

H.G.B. have suffered and continue to suffer pain and suffering, pain of mind and body, shock,

emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-

esteem, disgrace, fright, grief, humiliation, loss of enjoyment of life, post-traumatic stress

disorder resulting in physically manifested injuries including anxiety, depressions, sleep

disorders, physical and mental sickness, nightmares, psychological injuries, and bodily injuries.

Plaintiff H.G.B. were prevented and will continue to be prevented from performing their daily

activities and obtaining the full enjoyment of life, and have sustained and continue to sustain loss

of earnings and earning capacity.

COUNT II

NEGLIGENCE, GROSS NEGLIGENCE, AND RECKLESS DISREGARD -

BREACH OF COMMON LAW DUTY OF SUPERVISION AND CARE
All Plaintiffs v. Defendants Cumberland and UHS

263. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

41
factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

264. Plaintiffs' parents relinquished the supervision and care of Plaintiffs to Defendants

Cumberland and UHS, thereby giving rise to a duty to act with reasonable care in Plaintiffs'

supervision and care.

265. Cumberland and UHS's duty to act with reasonable care in its supervision and

care of Plaintiffs required, among other actions, the employment and scheduling of an adequate

number of staff members to carry out that duty.

266. Defendants Cumberland and UHS breached their duty to care for and supervise

Plaintiffs when they failed to hire, employ, and schedule an adequate number of staff members,

resulting in the lack of appropriate supervision and assignment of staff despite their knowledge

that such supervision and care was necessary.

267. Defendants Cumberland and UHS breached their duty to care for and supervise

Plaintiffs when they admitted more patients than could be safely supervised and cared for by

their limited staff.

268. Defendants UHS and Cumberland knew the number of staff members that would

be required to provide the appropriate supervision and care to all residents at Cumberland and

knew that such supervision was imperative and necessary for Plaintiffs' safety, and that the

failure to accompany Plaintiffs with appropriate staff rendered them vulnerable to injury and

attack, yet UHS and Cumberland failed to make certain that the appropriate number of staff

members were present at all times and that Plaintiffs received the supervision that was required.

269. Defendants UHS and Cumberland knew that the requirements of Plaintiffs' care

were being disregarded and that Plaintiffs were not being properly served.

42
 270. Defendants UHS and Cumberland breached their duties to Plaintiffs and acted

with gross negligence and willful and reckless disregard for their safety in failing to adequately

staff Cumberland and leaving them alone or without supervision.

271. As a direct and proximate result of the foregoing acts of direct and vicarious

liability, Plaintiffs suffered and continues to suffer pain and suffering, physical pain, mental

anguish, pain of mind and body, shock, emotional distress, physical manifestations of emotional

distress, embarrassment, loss of self-esteem, disgrace, fright, grief, humiliation, loss of

enjoyment of life, inconvenience, post-traumatic stress disorder resulting in physically

manifested injuries including anxiety, depressions, sleep disorders, nightmares, psychological

injuries, physical and mental sickness, and bodily injuries. Plaintiffs were prevented and will

continue to be prevented from performing her daily activities and obtaining the full enjoyment of

life, and has sustained and continues to sustain loss of earnings and earning capacity.

COUNT III

NEGLIGENCE, GROSS NEGLIGENCE, AND RECKLESS DISREGARD – BREACH

OF DUTY ARISING FROM SPECIAL RELATIONSHIP
All Plaintiffs v. Defendants Cumberland and UHS

272. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

273. Based on their offerings of residential services to and by taking custody of minors

who are vulnerable individuals, Defendants created special relationships with Plaintiffs.

43
 274. The special relationships between Plaintiffs and Defendants Cumberland and

UHS gave rise to a duty to exercise reasonable care to protect and care for the Plaintiffs from

reasonably foreseeable dangers of harm.

275. Defendants UHS and Cumberland provide an adolescent residential program

targeting minors suffering from trauma who have experienced severe neglect and abuse in their

lives, who are known to be aggressive, disobedient, and sexually pervasive, in some instances.

276. The special relationships created a duty to protect Plaintiffs from reasonably

foreseeable dangers of harm, including warnings regarding peers, supervision while around other

peers, and appropriate and sufficient staffing to supervise Plaintiffs and the other residents

whether prior specific allegations against individual peers or Plaintiffs existed or not.

277. Defendants knew or should have known the danger that could and would result

from allowing Plaintiffs to reside at the facility without supervision and to interact with other

children without supervision and protection.

278. Based on its custodial relationship with, and/or knowledge of, other residents, a

special relationship also existed between Defendants and other residents giving rise to a duty to

control other residents and prevent them from doing harm to Plaintiffs.

279. Defendants took custody of Plaintiffs such as to deprive them of their normal

power of self-protection, the protection of their parents, and to subject them to association with

other residents who Defendants knew or should have known were likely to harm Plaintiffs and,

therefore, Defendants were under a duty to exercise reasonable care to protect Plaintiffs and

control the conduct of other residents so as to prevent the other residents from intentionally

harming Plaintiffs or conducting themselves so as to create an unreasonable risk of harm to

Plaintiffs.

44
 280. The assaults by Plaintiffs' peers while a resident of and under the control of

Defendants, as alleged, were reasonably foreseeable.

281. Defendants UHS and Cumberland knew or had reason to know that they had the

ability to control the conduct of other residents in their custody, and it knew or should have

known of the necessity and opportunity to exercise such control.

282. The burden of protecting Plaintiffs and the consequences of placing that burden

on Defendants UHS and Cumberland were minor, as their agents were already duty-bound to

provide them with supervision and care.

283. As a direct and proximate result of the foregoing acts of direct and vicarious

liability, Plaintiffs suffered and continue to suffer pain and suffering, physical pain, mental

anguish, pain of mind and body, shock, emotional distress, physical manifestations of emotional

distress, embarrassment, loss of self-esteem, disgrace, fright, grief, humiliation, loss of

enjoyment of life, inconvenience, post-traumatic stress disorder resulting in physically

manifested injuries including anxiety, depressions, sleep disorders, nightmares, psychological

injuries, physical and mental sickness, and bodily injuries. Plaintiffs were prevented and will

continue to be prevented from performing their daily activities and obtaining the full enjoyment

of life and have sustained and continue to sustain loss of earnings and earning capacity.

COUNT IV

NEGLIGENCE, GROSS NEGLIGENCE, AND RECKLESS DISREGARD – BREACH OF

ASSUMED DUTY OF CARE
All Plaintiffs v. Defendants Cumberland and UHS

284. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

45
 285. In their notice of Patient/Resident Rights (Exhibit A), Defendants Cumberland

and UHS expressly assumed to act gratuitously and/or for consideration to render services to

Plaintiffs which these Defendants knew or should have recognized was necessary for Plaintiffs'

protection, including the right to be treated with dignity and respect, the right to receive

treatment in the least restrictive treatment environment that was appropriate for their treatment

plan, and the right not to be “placed in seclusion unless it is determined that such restrictions are

necessary to protect” them or others from harm.

286. Defendants Cumberland and UHS were negligent, grossly negligent, and reckless

in their failure to exercise reasonable care after they undertook to supervise and protect

Plaintiffs, in that they failed to provide a safe, sanitary, or humane environment or treatment with

dignity and respect.

287. As a direct and proximate result of the foregoing acts of direct and vicarious

liability, Plaintiffs suffered and continue to suffer pain and suffering, physical pain, mental

anguish, pain of mind and body, shock, emotional distress, physical manifestations of emotional

distress, embarrassment, loss of self-esteem, disgrace, fright, grief, humiliation, loss of

enjoyment of life, inconvenience, post-traumatic stress disorder resulting in physically

manifested injuries including anxiety, depressions, sleep disorders, nightmares, psychological

injuries, physical and mental sickness, and bodily injuries. Plaintiffs were prevented and will

continue to be prevented from performing their daily activities and obtaining the full enjoyment

of life and have sustained and continue to sustain loss of earnings and earning capacity.

46
 COUNT V

NEGLIGENT, GROSSLY NEGLIGENT, AND RECKLESS RETENTION

Plaintiffs K.E.E.; M.J.M; M.M.A.; S.M.F.; A.C.J.; J.E.H.; C.L.K.; K.M.J.; K.A.M.; A.J.S.;
and J.L.K v. Defendants Cumberland and UHS

288. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

289. Defendants Cumberland and UHS were negligent, grossly negligent, and acted

with a reckless disregard to the safety of patients at Cumberland Hospital by retaining Defendant

Davidow, a dangerous employee, agent, and/or servant that Cumberland and UHS knew or

should have known was dangerous and likely to harm others, including the Plaintiffs.

290. Upon information and belief, soon after PSI and Cumberland hired Davidow to

serve as the Medical Director of Cumberland Hospital in or about 1996, Defendants Cumberland

and UHS knew or should have known Davidow was sexually abusing patients and possessed the

dangerous propensity to sexually abuse minors.

291. The foreseeable risk of future harm to the Plaintiffs was so grave that discharging

Defendant Davidow from his position at Cumberland Hospital was the only reasonable response,

yet Defendants Cumberland and UHS retained him until Cumberland Hospital finally placed him

on administrative leave in 2020.

292. As a direct and proximate result of the foregoing acts of direct and vicarious

liability, Plaintiffs suffered and continue to suffer pain and suffering, physical pain, mental

anguish, pain of mind and body, shock, emotional distress, physical manifestations of emotional

distress, embarrassment, loss of self-esteem, disgrace, fright, grief, humiliation, loss of

47
enjoyment of life, inconvenience, post-traumatic stress disorder resulting in physically

manifested injuries including anxiety, depressions, sleep disorders, nightmares, psychological

injuries, physical and mental sickness, and bodily injuries. Plaintiffs were prevented and will

continue to be prevented from performing their daily activities and obtaining the full enjoyment

of life and have sustained and continue to sustain loss of earnings and earning capacity.

COUNT VI

FALSE IMPRISONMENT
All Plaintiffs v. Defendants Cumberland and UHS

293. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

294. Throughout Plaintiffs' stay at Cumberland Hospital, Cumberland, UHS, and their

agents, employees, and servants made materially false statements in reports and records about

Plaintiffs' progress, precautions, and diagnoses with the intent to prolong their stay at

Cumberland Hospital, for the purpose of increasing the revenue and profits of Cumberland and

UHS.

295. The conduct of Defendants Cumberland and UHS in causing Plaintiffs' residence

at Cumberland Hospital to be prolonged on the basis of these Defendants' materially false

statements in reports and records amounted to an intentional and illegal restriction of the

Plaintiffs' freedom of movement without legal justification or process.

296. The restraint of Plaintiffs' liberty was entirely without any sufficient legal excuse

and constituted false imprisonment.

297. The actions of Defendants Cumberland and UHS in falsifying records in an effort

48
to prolong Plaintiffs' residence at Cumberland Hospital in increase the revenue of Cumberland

and UHS amount to actual malice, or malice in fact, as they were prompted by a conscious

disregard of Plaintiffs' rights.

298. As a direct and proximate result of the foregoing acts on the part of Defendants

Cumberland and UHS, Plaintiffs suffered and continue to suffer pain and suffering, physical

pain, mental anguish, pain of mind and body, shock, emotional distress, physical manifestations

of emotional distress, embarrassment, loss of self-esteem, disgrace, fright, grief, humiliation, loss

of enjoyment of life, inconvenience, post-traumatic stress disorder resulting in physically

manifested injuries including anxiety, depressions, sleep disorders, nightmares, psychological

injuries, physical and mental sickness, and bodily injuries. Plaintiffs were prevented and will

continue to be prevented from performing their daily activities and obtaining the full enjoyment

of life and have sustained and continue to sustain loss of earnings and earning capacity.

COUNT VII

VICARIOUS LIABILITY
All Plaintiffs v. Defendants Cumberland and UHS
Plaintiffs K.E.E.; M.J.M; M.M.A.; S.M.F.; A.C.J.; J.E.H.; C.L.K.; K.M.J.; K.A.M.; A.J.S.;
and J.L.K v. Defendant Davidow, P.C.

299. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

300. At all times material and relevant herein, Defendants Harden and Davidow, and

all agents and employees of Defendants Cumberland and UHS referenced herein, were acting in

49
furtherance of and within the scope of their employment, agency, and service with Defendants

Cumberland and UHS.

301. At all times material and relevant herein, Defendants Harden and Davidow, and

all agents and employees of Cumberland and UHS referenced herein, were subject to the direct

control and supervision of Cumberland and UHS, and acted at all times herein with and within

the actual and apparent authority of Defendants Cumberland and UHS and in the scope and

course of their employment, agency, and service.

302. The actions, misconduct, negligence, gross negligence, and recklessness of

Defendants Harden and Davidow, and all agents and employees of Cumberland and UHS

referenced herein, were fairly and naturally incident to the business of Cumberland and UHS and

were performed with the intent to further the business of Cumberland and UHS and were

foreseeable by Cumberland and UHS.

303. At all times relevant herein, Defendants Cumberland and UHS had the power and

right to control the actions of Defendants Harden and Davidow, and all agents and employees of

Cumberland and UHS referenced herein.

304. At all times relevant herein, Defendants Cumberland and UHS had the power and

right to control the actions of Defendants Harden and Davidow, and all agents and employees of

Cumberland and UHS referenced herein, and Defendants Cumberland and UHS encouraged,

ratified, and condoned all of the breaches of duty by Defendants Harden and Davidow, and all

agents and employees of Cumberland and UHS referenced herein, by taking no action to care

for, supervise, or protect Plaintiffs.

305. Because the negligent, grossly negligent, and reckless actions and omissions of

Defendants Harden and Davidow, and all agents and employees of Cumberland and UHS

50
referenced herein were within the scope of their employment, agency, and service of Defendants

Cumberland and UHS, Defendants Cumberland and UHS are vicariously liable for the negligent,

grossly negligent, and reckless actions of Defendants Harden and Davidow, and all agents and

employees of Cumberland and UHS referenced herein and for the damages resulting therefrom.

306. At all times material and relevant herein, Defendant Cumberland was acting in

furtherance of and within the scope of its agency and service with Defendant UHS.

307. At all times during the aforesaid period of time, Defendant Cumberland was

subject to the direct control and supervision of Defendant UHS, and acted at all times herein with

and within the actual and apparent authority of Defendant UHS and in the scope and course of its

employment, agency, and service.

308. The actions, misconduct, negligence, gross negligence, and recklessness of

Defendant Cumberland were fairly and naturally incident to the business of UHS and were

performed with the intent to further the business of UHS and were foreseeable by UHS.

309. At all times relevant herein, Defendant UHS had the power and right to control

the actions of Defendant Cumberland, and Defendant UHS encouraged, ratified, and condoned

all of the breaches of duty by Defendant Cumberland alleged herein by taking no action to care

for, supervise, or protect Plaintiffs.

310. Because the negligent, grossly negligent, and reckless actions and omissions of

Defendant Cumberland were within the scope of its employment, agency, and service of UHS,

UHS is vicariously liable for the negligent, grossly negligent, and reckless actions of Defendant

Cumberland and for the damages resulting therefrom.

51
 311. At all times material and relevant herein, Defendant Davidow was acting in

furtherance of and within the scope of his employment, agency, and service with Defendant

Davidow, P.C.

312. At all times material and relevant herein, Defendant Davidow was subject to the

direct control and supervision of Davidow, P.C. and acted at all times herein with and within the

actual and apparent authority of Defendant Davidow, P.C. and in the scope and course of its

employment, agency, and service.

313. The actions, misconduct, negligence, gross negligence, and recklessness of

Defendant Davidow were fairly and naturally incident to the business of Davidow, P.C. and were

performed with the intent to further the business of Davidow, P.C. and were foreseeable by

Davidow, P.C.

314. At all times relevant herein, Defendants Davidow, P.C. had the power and right to

control the actions of Defendant Davidow.

315. At all times relevant herein, Defendant Davidow, P.C. had the power and right to

control the actions of Defendant Davidow, and Defendant Davidow, P.C. encouraged, ratified,

and condoned all of the breaches of duty by Defendant Davidow, by taking no action to care for,

supervise, or protect Plaintiffs K.E.E.; M.J.M; M.M.A.; S.M.F.; A.C.J.; J.E.H.; C.L.K.; K.M.J.;

K.A.M.; A.J.S.; and J.L.K.

316. Because the negligent, grossly negligent, and reckless actions and omissions of

Defendant Davidow were within the scope of his employment, agency, and service of Defendant

Davidow, P.C., Defendant Davidow, P.C. is vicariously liable for the negligent, grossly

negligent, and reckless actions of Defendant Davidow and for the damages resulting therefrom.

52
 317. As a direct and proximate result of the foregoing acts of vicarious liability,

Plaintiffs suffered and continue to suffer pain and suffering, pain of mind and body, shock,

emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-

esteem, disgrace, fright, grief, humiliation, loss of enjoyment of life, post-traumatic stress

disorder resulting in physically manifested injuries including anxiety, depressions, sleep

disorders, nightmares, psychological injuries, physical and mental sickness, and bodily injuries.

Plaintiffs were prevented and will continue to be prevented from performing their daily activities

and obtaining the full enjoyment of life, and have sustained and continue to sustain loss of

earnings and earning capacity.

COUNT VIII

VIOLATIONS OF THE VIRGINIA CONSUMER PROTECTION ACT [VCPA],

Va. Code § 59.1-196, et seq.
All Plaintiffs v. Defendants Cumberland and UHS

318. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

319. Plaintiffs' claims arise under the Commonwealth of Virginia’s Consumer

Protection Act [VCPA], Va. Code § 59.1-196, et seq.

320. Defendants Cumberland and UHS are suppliers as that term is defined by the

VCPA, and the admissions of Plaintiffs to Cumberland Hospital were consumer transactions as

that term is defined under the VCPA. Va. Code § 59.1-198.

321. Defendants Cumberland and UHS violated Sections 59.1-220(A)(2)(3)(4)(5)(10)

and (14) of the VCPA by

53
 a. Misrepresenting the source, sponsorship, approval, or certification of

[their] services, Va. Code § 59.1-220(A)(2);

b. Misrepresenting the affiliation, connection, or association of the supplier,

or of the…services, with another, Va. Code § 59.1-220(A)(3);

c. Misrepresenting geographic origin in connection with…services, Va.

Code § 59.1-220(A)(4);

d. Misrepresenting that goods or services have certain quantities,

characteristics, ingredients, uses, or benefits, Va. Code § 59.1-220(A)(5);

e. Misrepresenting that…services have been performed, Va. Code § 59.1-

220(A)(10); and

f. Using any other deception, fraud, false pretense, false promise, or

misrepresentation in connection with a consumer transaction, Va. Code §

59.1-220(A)(14).

322. Defendants Cumberland and UHS, and/or their agents, servants, or employees,

including Davidow and Harden, each individually and collectively, made various material

misrepresentations to Plaintiffs and the general public regarding the attributes of Cumberland

Hospital for the purpose of inducing Plaintiffs and members of the general public to purchase

their services and rely on the safety of their facility and the quality of their services.

323. Defendants Cumberland and UHS, and/or their agents, servants, or employees,

including Davidow and Harden, each individually and collectively, made various material

representations, in their documents, brochures and on their websites to Plaintiffs and the general

public, that Cumberland Hospital was safe.

54
 324. The actions of Cumberland and UHS were willful and intentional, as they knew

that their staff was insufficient in number, quality, and competence to protect Plaintiffs from

attack and injury by other patients and hospital staff.

325. Defendants Cumberland and UHS materially misrepresented the quality,

standards, and attributes of Cumberland Hospital and its staff as being competent, qualified, safe,

and attentive.

326. Defendants Cumberland and UHS also made materially false statements and

representations in reports and records about Plaintiffs' progress, precautions, and diagnoses with

the intent to deceive by prolonging their stays at Cumberland Hospital to increase the revenue

and profits of Cumberland and UHS.

327. Defendants Cumberland and UHS knew that Plaintiffs and their parents would

rely, and they did rely, on the material misrepresentations of Cumberland and UHS concerning

the safety and quality of their services in making the determination to relinquish the care of their

children to Defendants and on the material misrepresentations of Cumberland and UHS

concerning the need for Plaintiffs to remain at Cumberland Hospital for prolonged stays.

328. As a direct and proximate result of the foregoing violations, Plaintiffs suffered

and continue to suffer pain and suffering, physical pain, mental anguish, pain of mind and body,

shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of

self-esteem, disgrace, fright, grief, humiliation, loss of enjoyment of life, inconvenience, post-

traumatic stress disorder resulting in physically manifested injuries including anxiety,

depressions, sleep disorders, nightmares, psychological injuries, physical and mental sickness,

and bodily injuries. Plaintiffs were prevented and will continue to be prevented from performing

55
their daily activities and obtaining the full enjoyment of life and have sustained and continue to

sustain loss of earnings and earning capacity.

329. Plaintiffs are also entitled to reasonable attorneys’ fees and court costs pursuant to

the VCPA, Va. Code § 59.1-204(B).

330. Because the violations of the VCPA as alleged herein were willful, Plaintiffs are

entitled to treble damages pursuant to Va. Code § 59.1-204(A).

COUNT IX

NEGLIGENCE, GROSS NEGLIGENCE, AND RECKLESS DISREGARD – BREACH

OF DUTY ARISING FROM VA. CODE § 37.2-400
All Plaintiffs v. Defendants Cumberland and UHS

331. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

332. Virginia Code § 37.2-400 ("Section 37.2-400") was enacted to protect individuals

receiving services in a hospital, training center, other facility, or program operated, funded, or

licensed by the Department of Behavioral Health and Development Services.

333. Cumberland Hospital is a hospital, training center, or other facility licensed by the

DBHDS.

334. Section 37.2-400 was enacted for the safety and benefit of both the public in

general and those receiving services in a hospital, training center, other facility, or program

licensed by the DBHDS.

335. All Plaintiffs are members of the class of people for whose benefit Section 37.2-

400 was enacted, and they suffered injuries of the type against which the statute protects.

56
 336. Defendants Cumberland and UHS acted with negligence, gross negligence, and a

reckless disregard in their administration and staffing of Cumberland Hospital resulting in the

deprivation of the Plaintiffs’ dignity as human beings and right to be free from abuse or neglect,

in violation of Section 37.2-400(A)(3).

337. As a direct and proximate result of the foregoing violations, Plaintiffs suffered

and continue to suffer pain and suffering, physical pain, mental anguish, pain of mind and body,

shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of

self-esteem, disgrace, fright, grief, humiliation, loss of enjoyment of life, inconvenience, post-

traumatic stress disorder resulting in physically manifested injuries including anxiety,

depressions, sleep disorders, nightmares, psychological injuries, physical and mental sickness,

and bodily injuries. Plaintiffs were prevented and will continue to be prevented from performing

their daily activities and obtaining the full enjoyment of life and have sustained and continue to

sustain loss of earnings and earning capacity.

DAMAGES

338. Plaintiffs hereby incorporate by reference, as if fully set forth herein, each and

every allegation asserted in the preceding and following paragraphs, including each and every

factual and legal allegation hereinbefore and hereinafter alleged, and hereby re-adopt and re-

allege each such allegation.

339. As a direct and proximate result of the aforementioned acts and omissions of the

Defendants, and each of them, Plaintiffs incurred the following damages:

a. Bodily injuries, permanent in nature, which have affected their life;

b. Past, present and future physical pain and mental anguish;

57
 c. Disfigurement and/or deformity coupled with associated humiliation and

embarrassment;

d. Past, present and future inconvenience;

e. Past, present and future lost earnings, and a lessening of earning capacity;

f. Personal, social and financial limitations resulting from the injuries

sustained by Plaintiffs; and

g. Other damages allowable at law, including medical expenses incurred in

the past, present and future, and attorneys’ fees and costs.

WHEREFORE, Plaintiffs respectfully move this Court for the following relief:

A. That Plaintiff K.E.E. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

B. That Plaintiff M.J.M. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

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 VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

C. That Plaintiff M.M.A. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

D. That Plaintiff S.M.F. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

E. That Plaintiff A.C.J. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

59
 judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

F. That Plaintiff J.E.H. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

G. That Plaintiff S.K.P. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

H. That Plaintiff C.L.K. (By Next Friend and Mother A.C.K.) be awarded a judgment

and award of execution against all Defendants individually, jointly, and/or severally

in the amount of SIX MILLION DOLLARS ($6,000,000.00) as compensatory

damages for the unlawful acts aforesaid, plus pre- and post-judgment interest;

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 THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in punitive

damages, plus pre- and post-judgment interest; reasonable attorneys’ fees and court

costs pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble damages

pursuant to Va. Code § 59.1-204(A);

I. That Plaintiff H.G.B. (By Next Friend and Mother G.L.B.) be awarded a judgment

and award of execution against all Defendants individually, jointly, and/or severally

in the amount of SIX MILLION DOLLARS ($6,000,000.00) as compensatory

damages for the unlawful acts aforesaid, plus pre- and post-judgment interest;

THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in punitive

damages, plus pre- and post-judgment interest; reasonable attorneys’ fees and court

costs pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble damages

pursuant to Va. Code § 59.1-204(A);

J. That Plaintiff B.C.P. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

K. That Plaintiff K.M.J. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

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 aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

L. That Plaintiff D.T.A. be awarded a judgment and award of execution against all

Defendants individually, jointly, and/or severally in the amount of SIX MILLION

DOLLARS ($6,000,000.00) as compensatory damages for the unlawful acts

aforesaid, plus pre- and post-judgment interest; THREE HUNDRED FIFTY

THOUSAND DOLLARS ($350,000.00) in punitive damages, plus pre- and post-

judgment interest; reasonable attorneys’ fees and court costs pursuant to the

VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to Va. Code §

59.1-204(A);

M. That Plaintiff K.A.M. (By Next Friend and Mother S.M.M.) be awarded a judgment

and award of execution against all Defendants individually, jointly, and/or severally

in the amount of SIX MILLION DOLLARS ($6,000,000.00) as compensatory

damages for the unlawful acts aforesaid, plus pre- and post-judgment interest;

THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in punitive

damages, plus pre- and post-judgment interest; reasonable attorneys’ fees and court

costs pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble damages

pursuant to Va. Code § 59.1-204(A);

N. That Plaintiff A.J.S. (By Next Friend and Grandmother A.A.S.) be awarded a

judgment and award of execution against all Defendants individually, jointly, and/or

62
 severally in the amount of SIX MILLION DOLLARS ($6,000,000.00) as

compensatory damages for the unlawful acts aforesaid, plus pre- and post-judgment

interest; THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in

punitive damages, plus pre- and post-judgment interest; reasonable attorneys’ fees

and court costs pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble

damages pursuant to Va. Code § 59.1-204(A);

O. That Plaintiff J.L.K. (By Next Friend and Mother S.M.K.) be awarded a judgment

and award of execution against all Defendants individually, jointly, and/or severally

in the amount of SIX MILLION DOLLARS ($6,000,000.00) as compensatory

damages for the unlawful acts aforesaid, plus pre- and post-judgment interest;

THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in punitive

damages, plus pre- and post-judgment interest; reasonable attorneys’ fees and court

costs pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble damages

pursuant to Va. Code § 59.1-204(A);

P. That Plaintiff J.A.H. (By Next Friend and Mother S.M.H.) be awarded a judgment

and award of execution against all Defendants individually, jointly, and/or severally

in the amount of SIX MILLION DOLLARS ($6,000,000.00) as compensatory

damages for the unlawful acts aforesaid, plus pre- and post-judgment interest;

THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in punitive

damages, plus pre- and post-judgment interest; reasonable attorneys’ fees and court

costs pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble damages

pursuant to Va. Code § 59.1-204(A);

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Q. That Plaintiff C.T.K. (By Next Friend and Mother J.K.) be awarded a judgment and

award of execution against all Defendants individually, jointly, and/or severally in the

amount of SIX MILLION DOLLARS ($6,000,000.00) as compensatory damages for

the unlawful acts aforesaid, plus pre- and post-judgment interest; THREE

HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in punitive damages,

plus pre- and post-judgment interest; reasonable attorneys’ fees and court costs

pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to

Va. Code § 59.1-204(A);

R. That Plaintiff K.E.H. (By Next Friend and Mother F.E.H.) be awarded a judgment

and award of execution against all Defendants individually, jointly, and/or severally

in the amount of SIX MILLION DOLLARS ($6,000,000.00) as compensatory

damages for the unlawful acts aforesaid, plus pre- and post-judgment interest;

THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in punitive

damages, plus pre- and post-judgment interest; reasonable attorneys’ fees and court

costs pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble damages

pursuant to Va. Code § 59.1-204(A);

S. That Plaintiff M.M. (By Next Friend and Mother S.E.M.) be awarded a judgment and

award of execution against all Defendants individually, jointly, and/or severally in the

amount of SIX MILLION DOLLARS ($6,000,000.00) as compensatory damages for

the unlawful acts aforesaid, plus pre- and post-judgment interest; THREE

HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) in punitive damages,

plus pre- and post-judgment interest; reasonable attorneys’ fees and court costs

64
 pursuant to the VCPA, Va. Code Ann. § 59.1-204(B); and treble damages pursuant to

Va. Code § 59.1-204(A); and

T. That the Plaintiffs be awarded the costs of maintaining this action.

JURY DEMAND

The Plaintiffs demand a trial with a jury on all issues in the cause, including liability and

damages, and on any issue raised by this Complaint that involves any fact disputed by the

Defendants and on any issue that may be raised by the Defendants that involves any fact disputed

by the Plaintiffs.

K.E.E.; M.J.M; M.M.A.; S.M.F.; A.C.J.; J.E.H.;

S.K.P.; C.L.K. (By Next Friend and Mother
A.C.K.); H.G.B. (By Next Friend and Mother
G.L.B.); B.C.P.; K.M.J.; D.T.A.; K.A.M. (By
Next Friend and Mother S.M.M.); A.J.S. (By
Next Friend and Grandmother A.A.S.); J.L.K.
(By Next Friend and Mother S.M.K.); J.A.H. (By
Next Friend and Mother S.M.H.); C.T.K. (By
Next Friend and Mother J.K.); K.E.H. (By Next
Friend and Mother F.E.H.); and M.M. (By Next
Friend and Mother S.E.M.)

By____________________________
Of Counsel

Kevin Biniazan, Esq. (VSB No. 92109)

Jeffrey A. Breit, Esq. (VSB No. 18876)
Justin M. Sheldon, Esq. (VSB No. 82632)
Joseph L. Cantor, Esq. (VSB No. 92145)
BREIT CANTOR GRANA BUCKNER, PLLC
Towne Pavilion Center II
600 22nd Street, Ste. 402
Virginia Beach, VA 23451
(757) 622-6000 (Telephone)
(757) 299-8028 (Facsimile)
kbiniazan@breitcantor.com
Jeffrey@breitcantor.com
jsheldon@breitcantor.com
jcantor@breitcantor.com

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