UCLA Regents Gynecologist Abuse $73M Class Action Settlement

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

CLICK HERE TO FILE A CLAIM »

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

UCLAHeapsSettlement.com

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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