Top Class Actions  |  February 9, 2021

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

Domestic abuse during lockdown

UPDATE:

  • The Court granted final approval to this class action settlement July 12, 2021.
  • Tier 1 payments began mailing out to Class Members on Sept. 21, 2021.
  • Those who filed a Tier 2 or 3 claim will receive a separate determination related to that claim; the claims review process for those tiers is expected to end in February 2022.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Patients of Dr. James Heaps have reached a $73 million class action settlement to resolve claims that the University of California, Los Angeles (UCLA) gynecologist harassed and abused female patients.

Those who are able to benefit from this settlement are female patients who were seen for treatment by Heaps at:

  • UCLA Medical Center (the current Ronald Reagan UCLA Medical Center) between Jan. 1, 1986, and June 28, 2018
  • UCLA’s student health center (the current Arthur Ashe Student Health and Wellness Center) between Jan. 1, 1983, and June 30, 2010
  • Heaps’ medical office at 100 UCLA Medical Plaza between Feb. 1, 2014, and June 28, 2018

The class action lawsuit accused Heaps of assaulting, abusing, and displaying harassing and offensive behavior toward his female patients during his time working at the UCLA medical facilities. The plaintiffs also accused the board of regents of failing to respond in an appropriate way.

The defendants have denied any wrongdoing but have agreed to the settlement.

The UCLA Heaps settlement agreement includes both monetary and injunctive relief.

Two tiers of monetary relief have been established.

All Class Members are eligible for a $2,500 Tier 1 payment if confirmed as Class Members. They may also seek a Tier 2 payment for an estimated total of $12,500 or a Tier 3 payment for an estimated total between $12,500 and $250,000. These amounts are subject to pro-rata adjustment.

The amount Class Members will receive will depend on whether they file a claim and what type of claim they file.

Tier 1

Class Members who are pre-identified through UCLA records will be automatically mailed a check for $2,500 after the settlement goes into effect.

Class Members not identified through UCLA records must submit an online or written and signed Statement of Class Membership by June 7, 2021, in order to receive the $2,500 payment if they are confirmed as Class Members.

Tier 2

Class Members may submit a Tier 2 claim form describing their experience with Heaps and the emotional distress, bodily injury, or other effects the interaction had on them. 

A three-person impartial panel consisting of a court-appointed Special Master, a forensic psychologist/psychiatrist, and an obstetrician/gynecologist will review all Tier 2 claims.

This panel may ask Class Members in the UCLA Heaps settlement to answer additional questions in writing. Class Members may decline to answer these questions, but doing so could affect their eligibility for a Tier 2 payment.

If the panel determines the Class Member’s Tier 2 claim is credible, and Heaps’ conduct “fell outside the scope of accepted medical standards of care applicable during the relevant time, or is otherwise actionable,” the Class Member will receive an additional $10,000, subject to pro rata adjustment, according to the settlement notice.

If the panel determines the Class Member is not eligible for a Tier 2 payment, the Class Member will still receive the Tier 1 payment.

Tier 3

Class Members submitting a Tier 3 claim must provide further evidence of conduct or statements made by Heaps and the effect those interactions had on the Class Member.

Those wishing to make a Tier 3 claim must describe their experience and its effects, plus additional evidence, such as evidence of medical expenses or previous complaints.

Tier 3 claimants will be interviewed by a neutral, trained specialist member of the Special Master’s team, who will then provide an assessment to the panel.

The interview is for the purpose of collecting information about the claim and is not a cross-examination.

The panel will determine the credibility of each Tier 3 claim and award a total payment of $12,500 to $250,000, subject to pro rata adjustment.

Additionally, $5 million of the settlement fund will be reserved for a supplemental award for “extraordinary cases” in which the panel determines more compensation is necessary for a claimant who is eligible to receive the maximum Tier 3 award.

The panel may decide to award a supplemental payment of any amount, as long as the total amount of all supplemental awards does not surpass $5 million.

If the panel determines a Class Member is not eligible for a Tier 3 payment, they will still receive the Tier 1 award.

All settlement claim form and document information can be found on the settlement website.

The regents also have agreed to ensure improved operation and oversight procedures for preventing, identifying, and reporting sexual misconduct in clinical settings, including implementing a new sexual harassment/assault investigation model; improving chaperone policies; providing training for UCLA medical facility personnel on provider-patient boundaries and conducting sensitive exams; and other measures.

If you wish to exclude yourself from or object to the UCLA Heaps class action settlement, you must do so by May 6, 2021.

The deadline to file a claim in the settlement is June 7, 2021.

A final hearing is scheduled for July 12, 2021.

Who’s Eligible

Female patients seen for treatment by Dr. James M. Heaps at:

  • UCLA Medical Center (the current Ronald Reagan UCLA Medical Center) between Jan. 1, 1986, and June 28, 2018
  • UCLA’s student health center (the current Arthur Ashe Student Health and Wellness Center) between Jan. 1, 1983, and June 30, 2010
  • Heaps’ medical office at 100 UCLA Medical Plaza between Feb. 1, 2014, and June 28, 2018
Potential Award

Up to $250,000.

  • All Class Members are eligible for a $2,500 Tier 1 payment if confirmed as Class Members.
  • They may also seek a Tier 2 payment for an estimated total of $12,500 or a Tier 3 payment for an estimated total between $12,500 and $250,000. These amounts are subject to pro rata adjustment.
  • A panel may award additional amounts as it deems appropriate.
Proof of Purchase

No proof of purchase is necessary to make a claim.

However, Tier 2 claimants must describe their interactions with Heaps and the effect those interactions had on them.

Tier 3 claimants must submit additional evidence, such as documentation of prior complaints or evidence of medical expenses.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

06/07/2021

Case Name

A.B., et al. v. Regents of the University of California, et al., Case No. 2:20-cv-09555-RGK-E in the U.S. District Court for the Central District of California

Final Hearing

07/12/2021

Settlement Website
Claims Administrator

UCLA Heaps Settlement
c/o JND Legal Administration
P.O. Box 91386
Seattle, WA 98111-9333
1-888-921-0726
info@UCLAHeapsSettlement.com

Class Counsel

Daniel C. Girard
GIRARD SHARP LLP

Amy M. Zeman
GIBBS LAW GROUP LLP

Julie C. Erickson
ERICKSON KRAMER OSBORNE LLP

Defense Counsel

Catherine A. Conway
Debra Wong Yang
Jesse A. Cripps Jr.
Matthew Allan Hoffman
GIBSON DUNN & CRUTCHER LLP

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119 thoughts onUCLA Regents Gynecologist Abuse $73M Class Action Settlement

  1. C.M says:

    I’m fairly certain they are only sending out letters now. If you are younger in age than you are getting a letter it sounds like. Only ones with claims from the 80’s or 90’s are getting their payment since there is absolutely no way to check records that far back.

    1. Tara says:

      Yep. This is very true. If you put a date from 80s or early 90s you were most likely paid already. Because I’m younger I guess I need to have records.. we will see. I’m still awaiting this letter or email or whatever it is. I emailed a few days ago and was told to just wait as they can’t tell me now what they need for some reason. I just need to wait apparently.

  2. Tara says:

    I’m not sure if the date you put when you originally filed the tier 1 claim matters or not but it seems likely. I know someone who put a date back in the 80s and she got the Tier 1 check and she was Not pre identified. I am also not pre identified but put a date in the 2000s. I am awaiting a letter asking for additional information whatever that is. Just my experience

    1. Tara says:

      Oh and mine still shows pending and friend who got the check it says she is approved now.. her status changed yesterday. Wonder what they could want additional from me.. seems kind of unfair if they just pick and choose when me and my friend filled ours out together. She is just older than me so of course she saw the doctor a decade before me… Just seems like because her claim was older she was approved yesterday and check is in mail but because I’m younger and put a more recent date that I need additional information..

      1. C.M says:

        I was thinking this same thing. My friend is also older than me so her date was from longer ago- which I’m sure can’t be verified so they probably just cut a check. Since our dates are more recent they are probably going to request medical records or something and if we can’t produce, we don’t get anything.

        1. Wow says:

          This settlement is taxable.

  3. C.M says:

    So somebody that I know was not part of the “pre-identified” class and she submitted a claim for tier 1 and received her check today. I’m not sure what her status says. But I submitted a claim for tier 1 and was also not pre-identified and my says “pending eligibility.” Somebody mentioned they were sending letters to everyone not pre-identified but that can’t be true since she definitely wasn’t.

    1. Janet says:

      Same with me. My friend got a check also and I am still pending eligibility. I called and she said I am getting a letter asking for additional info but she did not have to do this. Neither of us wer pre identified

  4. Debra says:

    Did those of you who received a check only submit a tier 1 claim, or did you also submit a tier 2 or 3 claim? Also, did you provide any proof to them? thanks

    1. Debra says:

      thank you. I also submitted a tier 2 claim so I am wondering why some of us are not receiving a check and some already have. Were you a pre-identified class member? Hopefully the rest of us have answers sooner than later

    2. Nikki says:

      i receieved my tier 1 check as well on the 22nd of september

  5. PWS says:

    2500 n TN 9/24/17

    1. Debra says:

      may I ask if you submitted a tier 2 or 3 claim? And did you provide any proof?

  6. Carla says:

    Update****
    Anybody who filed a tier 1 claim and was not a pre-identified member will be receiving a letter or an email in the near future. She told me that if your status still says pending to expect a letter soon telling you what they need. She only said it was additional information. Just letting everybody know so if you have a letter coming you don’t have a heart attack thinking it’s your check. Unless you’ve already been approved then you will be getting the check right away. If anyone else gets further information please let us know! Thanks!

    1. Nikki says:

      my status said pending as well but i still receieved my check for 2500 on the 22nd. i also filed tier 1 and dint provide proof just a description.

  7. Pat says:

    I just saw that checks went out. Has anyone confirmed that they will be receiving a check? Did your status change?

    1. Kim says:

      My status has not changed.. still pending. Wonder if they just haven’t finished updating statuses. It says they issued checks on the 21st. Seems strange to send them out if they haven’t updated statuses.

    2. Carla says:

      I spoke to someone today. Unless your status says approved your check has not been mailed yet. They will be either emailing or sending a letter by mail to you asking for whatever additional information they may need from you. Not sure what tier you are or if you are a pre identified person or not. This only applies to tier 1 people who were not pre identified.

      1. Nikki says:

        thats not true my status is still pending and i receieved my check on the 22nd for 2500. im tier 1.

    3. Grace says:

      mine changed you all may want to go check your status again mine said claim affirmed and check was mailed to my address

  8. SHAQUAJA says:

    TIER 1 CHECKS MAILED 9/21/21. Yeah per WEBSITE

    1. Kim says:

      Has your status changed?

  9. Amanda says:

    Has anyone heard any updates? It’s the middle of September so hopefully we hear something soon. Has anybody noticed if their status has changed? Mine is still pending.

  10. Rei says:

    So I emailed the settlement administrator and they replied to me within literally 10 minutes of my email. Below is the response I received….
    *****
    Thank you for your email. The Settlement received final approval from the Court but we are waiting for the final order to be entered by the Court. Because you are not a Pre-Identified Class Member, your Statement of Class Membership will be reviewed for eligibility. Once the Settlement becomes effective, you will receive a determination on your Tier 1 claim and your claim status will be updated. Tier 1 Settlement payments are currently expected to issue by September.

    Sincerely,

    Settlement Administrator

    UCLA Heaps Settlement
    *****

    So, hopefully this information helps some of you as it did me. We are all at different tiers and some of us are pre identified and some of us are not.. I believe all factors mentioned, have something to do with when we will get a check.

    1. pat says:

      Did they tell you that you are 100% for sure getting a check? I was told a few months ago that just because someone submitted a tier 1 form did not mean that they were automatically entitled to receive a check. Let us know if you were able to confirm that you are getting check even though your status was pending at the time of your post.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.