NEW KENT COUNTY, Va. -- After a morning of arguments Thursday, a judge granted the defendant’s motion to dismiss the owners and operators of Cumberland Hospital from a $930 million lawsuit against the New Kent facility and its former medical director.
Richmond Circuit Judge Bradley Cavedo released the hospital’s corporate owner Universal Health Services Incorporated (UHS-I.)
He also dismissed UHS of Delaware (UHS-D.) However, he ruled the hospital and Dr. Daniel Davidow will remain in the case.
In all, 46 former patients are suing.
The three female patients in this first case, claim Dr. Davidow inappropriately touched them during femoral pulse exams.
The plaintiffs restedWednesday.
The defendants called their first witnesses to the stand Thursday.
Former Cumberland employee Dr. Valerie Mutchler said she did over 100 admissions exams in her time at Cumberland Hospital.
She defended the need for taking a patient’s femoral pulse and said she would do it without gloves on because she didn’t want patients to “feel dirty.”
“The only time I put gloves on was when I was going to examine the genitals directly," Mutchler said.
Dr. Mutchler, a former associate professor at VCU School of Medicine, admitted that it is a difficult exam, but said that does not mean it is not necessary.
She testified that in her 34-year career, “I learned it, taught it, and did it.” She testified it is part of a sports physical.
Mutchler stood in front of the jury and pointed out where her femoral artery was located.
Dr. Mutchler was also asked about Tanner staging and the importance of it in exams because it tells physicians what stage a child is in puberty on a scale of one to five.
In a cross-examination, plaintiffs’ attorney Kevin Biniazan asked Dr. Mutchler if she touches pubic hair to assess puberty or if that is a visual assessment in the Tanner staging.
Mutchler eventually answered that it was not appropriate to touch for the purpose of Tanner staging.
Biniazan then brought up a conversation that Dr. Mutchler was alleged to have had with Dr. Davidow in 2001 when Dr. Davidow told Dr. Mutchler that he touched pubic hair for tanner staging.
A frustrated Dr. Mutchler acknowledged the 2001 conversation and then said she didn’t know how Dr. Davidow did his exams, and that he did them differently than her. She said Biniazan would have to ask Dr. Davidow.
Dr. Mutchler testified to her knowledge she had never had a patient complain about being uncomfortable with one of her exams.
Biniazan showed her a patient complaint form against Davidow from June 24, 2010, that she signed.
Mutchler said she had no recollection of signing the form.
Cumberland attorney Joe Farchione had Dr. Mutchler read notes from chaperones that disputed past complaints against Dr. Davidow.
Biniazan asked Dr. Mutchler if she ever cupped a patient's breast. Mutchler answered no, and explained that if a breast was large she would move it with the back of her hand.
Dr. Davidow was found not guilty of felony sex abuse charges involving two other former Cumberland patients in New Kent County in April.
Dr. Davidow is expected to testify as a defendant’s witness on Friday.
The trial is expected to run through September 27.
CBS 6 investigative reporter Laura French has been covering this case for the last five years. She’s in the courtroom for the three-week trial.
For live updates follow her on X @lfrenchnews.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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