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The $73 million class action settlement between UCLA and the patients of former UCLA gynecologist James Heaps allows the university “to keep its dark secrets” and does not hold it to account, lawyers representing former patients claim.
The settlement, which has preliminary approval from a federal judge, includes more than 5,500 women seen by Heaps during his time at the university.
According to lawsuits filed against Heaps by former patients, the former UCLA gynecologist sexually assaulted patients during exams while he worked at the UCLA student health center and UCLA Medical Center from 1983 to 2018.
UCLA allegedly knew about sexual abuse allegations against Heaps and allowed him to keep practising, before the university eventually reported him in 2018, the LA Times reports.
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Attorneys representing hundreds of Heaps’ patients are urging former patients to opt out of the settlement before the May 6 deadline, saying that it allows the university to keep too many allegations secret.
“This settlement allows UCLA to keep its dark secrets,” Attorney John Manly told LA Times. Manly is representing 135 of the more than 300 Heaps accusers who have already opted out of the settlement.
Manly said that the settlement only enriched lawyers, covered up the truth, and ensured no UCLA administrators were held accountable.
Attorney Taylor Rayfield said that the settlement provided an average payout of $11,000 per person, compared to the $1.2 million each former patient of USC gynecologist Dr. George Tyndall received in a settlement.
She added that the settlement protected UCLA from having to produce witnesses and documents that would allow former patients to find out who hid evidence and allowed the alleged abuse to continue.
The settlement also dramatically shortens the amount of time former patients have to file their own legal action against Heaps. A recent state law gave former patients until the end of the year, however the settlement brings the deadline back to May 6.
Attorney Jennifer McGrath, who represents more than 100 former patients of Heaps alongside Darren Kavinoky, told LA Times that her clients had opted out of the settlement, adding that the settlement was an “outrageous travesty.”
She said that the university was re-victimizing the patients and trying to game the system.
However, the lawyers who wrote the settlement with attorneys for UCLA said that the settlement, which has been approved by the university, provided meaningful reforms for patient treatment.
Currently, Heaps is awaiting a preliminary hearing on numerous criminal charges of sexual battery stemming from his time UCLA. Since his arrest in 2019, a number of women have come forward to share their stories of his alleged abuse.
One former patient, now 49 years old, claims Heaps inappropriately touched her breasts and genitalia during an exam and pap smear in 2013.
“I called a friend,” she told the LA Times. “I told her I just got molested by my doctor.”
The patient, identified only as Jane Doe 1, said the words made her feel awful, and she never wanted to talk about it again. And she may never have spoken up about it — until Heaps was criminally charged in 2019 with abusing his patients. That was when Jane Doe 1 called UCLA to report her own assault.
The woman filed a lawsuit alongside another former patient of Heaps’, identified as Jane Doe 2, in early March. Like other lawsuits against James Heaps, their lawsuit was also filed against UCLA.
Altogether, Heaps faces 20 felony counts, including sexual battery by fraud, sexual exploitation of a patient, and sexual penetration of an unconscious person. He faces a potential of more than 67 years in prison if he ends up being convicted of all charges. He has pleaded not guilty.
UCLA is initiating an independent review of its response to sexual misconduct in clinical settings, including its policies and procedures.
What do you think of the settlement between UCLA and patients of former UCLA gynecologist James Heaps? Let us know in the comments.
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