KJ McElrath  |  January 19, 2020

Category: Legal News

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Woman holding #metoo signA class action lawsuit filed against the University of Southern California alleging sexual assault is ending in a $215 million settlement as U.S. District Judge Stephen Wilson reportedly prepares to give his final approval. The settlement will cover an estimated 18,000 class members, who could receive payments of between $2,500 and $250,000.

In addition, USC has agreed to institute new procedures to ensure that all allegations of sexual assault and abuse are properly investigated.

Background of the Case

Allegations against USC gynecologist Dr. George Tyndall reportedly date back to 1989. A group of over 500 women claims that over a 28-year period, Tyndall engaged in sexual assault against thousands of female students who had come to him as patients. According to the sexual abuse lawsuit, these alleged assaults took the form of inappropriate and unnecessary exams performed without gloves as well as lewd suggestions and comments.

Tyndall, who denies all allegations, currently faces felony charges in Los Angeles Superior Court, according to the LA Times. After a 2017 internal investigation found that his interactions with patients constituted sexual assault and harassment, Tyndall was given a “secret deal,” allowing him to resign with a payout and no professional consequences. Nonetheless, the Department of Education has been conducting its own investigations into what knowledge USC administrators had of Tyndall’s alleged activities.  

The USC sexual assault allegations come as other revelations of abuse against national institutions, such as the Boy Scouts, and the Roman Catholic Church sexual abuse scandal, come to light.

Premature and Paltry”

When information about the proposed settlement became available this past October, lawyers for the plaintiffs criticized it as a lowball amount, calling the deal “premature and paltry” according to an LA Times story. They also said the settlement would enable USC to avoid “embarrassing public disclosures” of failures on the part of university administrators in the way they handled years of complaints about Tyndall.

USC, on the other hand, has defended the settlement as the best outcome for the alleged victims, sparing them the “long delays, uncertainty and public nature of litigation.” A retired federal judge, who negotiated a $500 million settlement in a similar case at Michigan State University involving sports doctor Larry Nassar, told the court in a sworn statement, “It is my considered judgment that plaintiffs would be unlikely to have obtained more money and benefits without going through years of discovery and trial, where they would face substantial risks of a less favorable outcome.”

Compensation for Victims

Under the proposed settlement, plaintiffs who were Tyndall’s patients will be eligible to receive no less than $2,500. Those who are willing to submit written accounts of their experiences to the administrator charged with evaluating claims will get payments of between $7,500 and $20,000, depending on the severity of the alleged sexual assault. Victims who agree to an interview can be eligible for as much as $250,000.

The administrator, known as a special master (an official appointed by the judge), will be working with a psychiatrist and a gynecologist in order to determine the amount of each award.

Lawsuits From Other Sexual Assault Victims Still Pending

Not all of Tyndall’s alleged victims have chosen to participate in the proposed settlement. At least 600 women have filed, or are planning to file individual sexual assault cases against USC in state court.

The Sexual Assault Class Action Lawsuit is In re: USC Student Health Center Litigation, Case No. 2:18-cv-04258, U.S. District Court for the Central District of California.

Join a Free California Sexual Assault Lawsuit Investigation

If you or a loved one suffered from sexual abuse related to an institution in California, you may qualify to join a this California sexual assault lawsuit investigation. Learn more by filling out the form on this page for a free case evaluation by a sexual assault lawyer.

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This article is not legal advice. It is presented
for informational purposes only.

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