CHESAPEAKE, Va. — A judge made two key rulings Wednesday in the civil lawsuit involving more than 1,000 former patients of convicted OB-GYN Javaid Perwaiz, who are each seeking $10 million from Chesapeake Regional Medical Center.
Judge Linda Bryant allowed claims under the Virginia Consumer Protection Act to be added to the first six complaints in the litigation. Bryant also ordered the seven complaints, involving 1,040 women, to be combined into one master complaint.
At the center of the lawsuit are former patients of Perwaiz who accuse Chesapeake Regional of playing a role in unnecessary and irreversible gynecological surgeries and fraudulent billing.
Watch previous coverage: Lawyers in massive lawsuit against CRMC fight for hospital documents as judge rules on discovery in court
Victoria Wickman, a New York-based medical malpractice attorney representing the plaintiffs, said Wednesday's ruling gives those women another avenue to pursue their claims.
“The Virginia Consumer Protection Act claim continues on,” Wickman said. “The judge is adding that cause of action to the original six complaints. So that's another cause of action under which these women can proceed.”
The Virginia Consumer Protection Act addresses deceptive business practices. The seventh complaint already included a claim under the law, while the first six did not.
Wednesday's ruling does not resolve another issue argued in court: when the clock started for some of those claims.
Chesapeake Regional's attorneys pointed to media coverage from 2019 through 2021, arguing that coverage should have given the women reason to know about the hospital's possible involvement years before Chesapeake Regional was federally indicted in 2025.
Wickman disagreed, arguing that the earlier coverage focused on Perwaiz and his actions rather than the hospital's alleged role.
“These articles were all solely focused on Dr. Perwaiz and his actions,” Wickman said. “A reasonable person who's reading these articles would have no idea that the hospital was complicit in this, that they actually knew what he was doing, and that they condoned it.”
Wickman said the hospital's attorneys also pointed to 11 women who had previously brought actions against the hospital. She said those women's claims will have to be scrutinized individually to determine when they discovered the alleged fraud.
Wednesday's civil hearing is separate from the deferred prosecution agreement Chesapeake Regional reached with the U.S. Attorney's Office for the Eastern District of Virginia last week.
Under that agreement, Chesapeake Regional accepted responsibility for its role in conduct connected to Perwaiz. The hospital also agreed to pay more than $6.4 million to health care benefit programs and establish a nearly $12.84 million restitution fund for patients.
Watch related coverage: Chesapeake Regional Medical Center reaches agreement with prosecutors, accepts role in Perwaiz crimes
Perwaiz is serving a 59-year federal prison sentence after being convicted in 2020. According to court records, he performed medically unnecessary procedures, including hysterectomies and sterilizations, and misled women about their health.
Although the federal agreement and the civil lawsuit are separate matters, Wickman argues the agreement could affect the civil litigation because of the facts the hospital admitted as part of the deal.
“If they attempt to deny or contradict any of the facts that they admitted... in a court of competent jurisdiction, meaning this civil litigation, then that deferred prosecution agreement is null and void and they will be reindicted,” Wickman said.
In a statement following last week's agreement, Chesapeake Regional said it accepts responsibility for its past role relating to Perwaiz's practices and expressed sorrow to the women and families affected.
“First and foremost, we express our sorrow to the women and families impacted by these events for all that they have endured,” the hospital said. “We also must reflect on and take responsibility for our organization's role in the past relating to this physician's practices.”
The hospital also said it has implemented additional compliance standards and safeguards since the events outlined in the federal indictment.
As the civil litigation moves forward, Wednesday's second ruling means all seven complaints involving the 1,040 women will be combined into one master complaint.
Wickman said the plaintiffs' next legal fight could center on discovery. She said they have sought information from Chesapeake Regional that has not been provided and anticipate asking the court to compel the hospital to turn it over.
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